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Legal Statutes: Illinois

UPDATED September 19, 2017

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Article II. Orders of Protection

back to top60/218. Sec. 218. 30-Day interim order of protection

    (a) Prerequisites. An interim order of protection shall issue if petitioner has served notice of the hearing for that order on respondent, in accordance with Section 211, and satisfies the requirements of this subsection for one or more of the requested remedies. For each remedy requested, petitioner shall establish that:
         (1) The court has jurisdiction under Section 208;
         (2) The requirements of Section 214 are satisfied; and
         (3) A general appearance was made or filed by or for respondent; or process was served on respondent in the manner required by Section 210; or the petitioner is diligently attempting to complete the required service of process. An interim order may not include the counseling, payment of support or monetary compensation remedies, unless the respondent has filed a general appearance or has been personally served.
    (b) Appearance by respondent. If respondent appears in court for this hearing for an interim order, he or she may elect to file a general appearance and testify. Any resulting order may be an interim order, governed by this Section. Notwithstanding the requirements of this Section, if all requirements of Section 219 have been met, the Court may issue a plenary order of protection.

HISTORY:

P.A. 84-1305, Art. II, § 218, eff. Aug. 21, 1986. Amended by P.A. 87- 1186, § 3, eff. Jan. 1, 1993.