What is a Plenary Order of Protection, and How Can I Get One? 

 Posted on November 25, 2025 in Domestic Violence

Sadly, domestic violence is something that takes place in so many families. Navigating emotionally turbulent situations, like dealing with a divorce or issues related to your children, can quickly bring out the worst in people and result in hazardous conditions. That being said, just because someone is going through a stressful time does not give them the right to commit acts of domestic violence. The safety of you and your children is critical.

Therefore, if you believe you are at risk of experiencing domestic violence or have experienced it, reach out to an attorney to set up an order of protection. Be advised that orders of protection are not one-size-fits-all. Different orders of protection pertain to certain situations. In this blog, we will look at emergency and plenary orders to understand how they differ from each other and whether a plenary order of protection is correct for you and your situation. A DuPage County, IL family law attorney can make sure your order of protection specifically suits you and your situation.

Emergency Orders of Protection vs. Plenary Orders of Protection

When an individual is experiencing domestic violence, threats, harassment, or abuse in Illinois, one of the most effective legal tools available is a Plenary Order of Protection. Unlike emergency orders, which last only 14 to 21 days, a plenary order can remain in effect for up to two years – and longer in some cases (750 ILCS 60/220). A plenary order of protection can provide strong, long-term protection in serious situations.

In Illinois, an emergency protection order requires only the petitioner's testimony to the judge. The alleged abuser is not required to be notified or even present in court. Emergency orders are only available for up to 21 days or until a full hearing can be held. Meanwhile, a plenary order of protection is granted only after a court hearing that requires both the petitioner and the respondent to be in court.  

Who Qualifies for a Plenary Order of Protection?

A plenary order of protection may be granted to spouses and ex-spouses, family members, and individuals who are dating or who have had a dating relationship in the past. Roommates or household members qualify for a plenary order of protection, as do co-parents, even if they were never married. Caregivers, persons with disabilities, and assistants to persons with disabilities also qualify for plenary orders of protection.

What Can an Illinois Plenary Order of Protection Accomplish?

A plenary order of protection can do the following:

• Restrict the possession of firearms

• Order substance abuse treatment

• Order counseling

• Require the respondent to stay away from protected places

• Grant temporary custody or parenting time restrictions

• Remove the respondent from the home

• Prohibit all contact or communication between the respondent and the victim.

• Require the respondent to pay support or damages to the victim

Filing a Plenary Order of Protection in Illinois

The victim must attend the initial hearing, which is usually an emergency hearing. The judge may issue an Emergency Order of Protection the same day. No notice is required for the respondent for an emergency order of protection. To file the necessary paperwork for the plenary order, the forms must be completed and taken to the Circuit court in the county where the victim lives, or an attorney can file the paperwork on behalf of the victim.

The victim must specify information about the person the order is being filed against, including the person's name, place of birth, and current address. In addition, details regarding the abuse will need to be provided. While this is certainly not pleasant, it is critically important that all relevant information be clearly documented so that necessary protection is provided.

The respondent must be served with notice of the plenary hearing. The Sheriff typically handles service in these cases. Both sides will attend the plenary hearing and present evidence if they choose. The evidence may include testimony, texts, emails, social media posts, police reports, witness statements, medical reports, and photos.

The judge will determine whether there is a preponderance of evidence that shows the respondent committed acts of domestic violence against the victim. If the answer to that question is "yes," then a plenary order of protection will be issued, with a duration of up to two years. The order is renewable at the end of the two years.

What to Know About Plenary Order of Protection Hearings

Generally, the hearing for a plenary order of protection will occur on or before the emergency order of protection is set to expire. However, if the plenary order of protection hearing must be delayed, the emergency order will remain in place until the hearing can be held. During the plenary hearing, the judge will hear from both the petitioner and the respondent.

Relevant evidence will be presented to the court, and testimony may be heard from witnesses. Please note that if the petitioner or the respondent fails to appear at the hearing, the judge will usually favor the party who did appear. So, if the victim misses the hearing, there is a significant chance he or she will not receive the protection they sought.

What Happens if a Respondent Violates a Plenary Order of Protection in Illinois?

Violations of a plenary order of protection could include showing up at the victim’s home, workplace, or school, or calling, texting, messaging, or emailing the protected party. Even contact through third parties is prohibited. Violating stay-away orders, custodial restrictions, or firearm possession prohibitions is also prohibited. Violations are often reported through the petitioner (victim), who calls the police or files a report.

Some Illinois counties have mandatory arrest policies for violations of protection orders. The police do not evaluate whether the contact was "friendly" or "accidental." Probable cause is sufficient for an arrest. The first violation of a plenary order of protection is usually a Class A misdemeanor with penalties of up to 364 days in jail, up to $2,500 in fines, and a mandatory conviction in many counties if violence occurred during the violation.

Aggravated violations are charged as Class 4 felonies. A violation can become a Class 4 felony when the respondent has one or more prior violations, the violation involves physical harm, threats, or stalking, the violation occurs after a firearm prohibition, or the violation occurs in conjunction with another crime, such as stalking, trespass, or battery. Penalties for a Class 4 felony can include one to three years in prison, and a felony record with long-term consequences. Repeat offenders with two prior violations may face a Class 3 felony charge.

It is important to note that protective orders do not always stop violence, and, with some abusers, a protective order can even increase the danger of the situation. If you fear for your own life or your child’s life, do not rely exclusively on a protective order and always contact the police if you fear you are in immediate danger.

Contact a DuPage County Order of Protection Attorney

No one deserves to suffer from domestic violence. If you are experiencing domestic violence or feel under threat of domestic violence, contact the highly skilled DuPage County orders of protection lawyers with The Stogsdill Law Firm, P.C.. As a large firm with serious experience, we have the necessary resources to handle a variety of cases while still maintaining a small-firm relationship with our clients. Call 630-462-9500 today to schedule a private consultation.