How to Extend Orders of Protection
An order of protection (“OP”), also known as a restraining order, is a court-entered order to protect individuals or high-risk adults that have been abused, neglected, or exploited by a family or household member. 750 ILCS 60/214(a).
OPs are entered to protect victims and survivors of domestic violence where the victim has a known relationship with the abuser. Specifically, an OP can be used to protect against current or former romantic partners, current or former spouses, and family or household members.
There are three types of OPs: Emergency, Interim, and Plenary. Most often, OPs require the restricted individual to stay a certain distance away from the victim and/or prohibit any contact between the parties. These orders, however, only last for a certain amount of time, specifically plenary orders last for up to two years. So, what happens if your OP expires before you or your family feel safe from the restricted individual?
§220(e) of the Illinois Domestic Violence Act governs duration and extensions of OPs. The law allows you to ask the court to extend an OP as many times as necessary, provided that the provisions of §219 are satisfied. §219 requires that (1) the court has jurisdiction, (2) the procedural requirements of §214 are satisfied, (3) respondent either made or filed an appearance or was served process, and (4) respondent has answered or is in default.
Extending an OP is an especially useful option if you are still afraid of the respondent or wish to continue protecting your family from abuse beyond the original time period in the agreement. Where minor children are named as protected parties, extensions are effective in ensuring the children’s safety and best interests. Extensions are especially likely to be granted if the restricted individual has continually violated the OP, by harassment, physical contact, or otherwise. Further, in the case of multiple and consistent violations, extensions can be requested on an emergency basis.
To extend an OP, you must file a Motion to Extend with the court before the original timeframe ends. In this motion, you will tell the judge why you are seeking an extension and confirm that there has been no change in material circumstances since the order was entered. §220(e). The court will have a hearing to decide whether to extend your OP. If denied the extension, that does not preclude you from filing for a new OP.
Of course, the restricted individual may object to your extension. If they do not object and you do not seek any modifications to the original OP, then the no material change standard prevails. But, if they do object, then you must show the court new evidence that warrants extension of the OP beyond the original date. Whether it is continued violation of the order or reason to consistently fear respondent, recent evidence of abuse is often grounds for a contested extension to be granted. See Graham v. Van Rengen, 2024 IL App (2d) 230611.
Overall, OPs are vital in ensuring the safety of domestic violence survivors, and the ability to extend provides them continued legal protection that can help prevent further harm and support long-term stability.
If you are uncomfortable with the expiration date on your OP, the lawyers at The Law Offices of Erin M. Wilson can help you attain lasting safety. We have experience with OPs and can provide extensive advice regarding extending your OP. Contact The Law Office of Erin M. Wilson LLC to schedule a complementary consultation at 312-767-4220.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.