Temporary Vs. Final Orders Explained

In Illinois, an order of protection is a legal tool used to help protect someone from abuse, harassment, or threats. At Merel Family Law, we work with clients to help them understand their options and take the necessary steps to stay safe. If you’re looking for a Chicago, IL order of protection lawyer, it’s important to have someone who knows the legal process and can act quickly. We are an award winning, nationally and locally recognized law firm with 100s of five star Google reviews and we are available to help.
What A Temporary Order Means
A Temporary Restraining Order (TRO) is a court order that is typically applied for in emergency-type situations where a client is in danger of harm and needs immediate protection compared to the lengthier process for a final order. TROs often bar the respondent from coming within a certain distance of the petitioner, from coming to the petitioner’s home or where they work, calling and texting them, and other types of restraints so that the petitioner is safe and free from harassment.
A TRO is often the first step taken when someone is seeking legal protection. This order can be issued quickly and does not require the accused person (the respondent) to be present at the hearing. Because of this, emergency orders are typically granted based on the information the petitioner provides to the judge. Domestic violence and abuse is a common reason people apply for for a TRO, especially when there are children and custody issues involved.
These orders are short-term and in Illinois, typically last ten days. They are designed to provide immediate protection until the court can hold a full hearing with both parties present. The temporary order may include restrictions such as no contact, no entry into the shared home, or surrendering firearms.
What Happens Before A Final Order
After a temporary order is issued, a hearing is scheduled where both sides can present evidence and testimony. This hearing allows the respondent to tell their side of the story and for the judge to evaluate whether long-term protection is necessary.
During this time, both parties may choose to have legal representation. Evidence such as text messages, voicemails, photos, and witness statements may be introduced to support each side’s position. The judge considers all information before deciding whether to issue a final order.
What A Final Order Involves
A final order of protection, sometimes called a plenary order, is only issued after a full hearing or if the respondent agrees to it in court. These orders can last up to two years and can be renewed if needed. A final order may include the same restrictions as a temporary one but can also include longer-term solutions like parenting time limitations or financial support.
This type of order is enforceable statewide, and violations can lead to criminal charges. It becomes part of the respondent’s record and may impact employment, housing, and custody rights.
Our team works quickly to gather facts, review documents, and guide you through each step. We focus on protecting your rights and helping you take the next step with confidence.
Talk To Our Legal Team Today
At Merel Family Law, we take every protection order case seriously and approach each one with careful attention to the facts. If you need help with a temporary or final order of protection, we are here to assist. Contact us today to get started with a team who will stand by you and work toward a resolution that fits your needs.