After filing an EOP

[dhjr0421]

Illinois..... I filed an Emergency Order of Protection Pro Se. My preliminary hearing is coming up next week. I was wondering if I needed to file a motion to extend prior to the prelim hearing or just wait until after the court date?

 

[Zigner]

Illinois..... I filed an Emergency Order of Protection Pro Se. My preliminary hearing is coming up next week. I was wondering if I needed to file a motion to extend prior to the prelim hearing or just wait until after the court date?

Extend what?

 

[adjusterjack]

Illinois..... I filed an Emergency Order of Protection Pro Se. My preliminary hearing is coming up next week. I was wondering if I needed to file a motion to extend prior to the prelim hearing or just wait until after the court date?

Did you read the order form?

https://courts.illinois.gov/Forms/approved/protective_orders/Emergency_Order_of_Protection.pdf

I believe that your question is answered in the form. If you can't figure it out let us know.

 

[Zigner]

Did you read the order form?

https://courts.illinois.gov/Forms/approved/protective_orders/Emergency_Order_of_Protection.pdf

I believe that your question is answered in the form. If you can't figure it out let us know.

I've read it and I see no mention of "extend"ing anything. I'd like the OP to explain what s/he is actually concerned about...

 

[adjusterjack]

At the top of the second page the order was issued on _________ and will end on ___________. If the end date corresponds to the hearing date then s/he will have to present evidence at the hearing as to extending the order. If the end date is beyond the hearing date, perhaps for the remainder of a year, the petitioner and the respondent will both have an opportunity to say why it should or shouldn't continue unmodified or modified.

I don't know what the petitioner's order says which is why I referred the petitioner back to the order. What the order actually says should answer the question

I was wondering if I needed to file a motion to extend prior to the prelim hearing or just wait until after the court date?

One way or the other.

 

[Litigator22]

Illinois..... I filed an Emergency Order of Protection Pro Se. My preliminary hearing is coming up next week. I was wondering if I needed to file a motion to extend prior to the prelim hearing or just wait until after the court date?

No! You don't need to file another petition or motion. The emergency ex parte order of protection will remain in force until it is changed or vacated which can only occur if the court deems it appropriate to do so and only after a plenary (full-scale) hearing before the court.

"IMPORTANT INFORMATION ABOUT THIS ORDER OF PROTECTION TO BOTH PARTIES: This Order CANNOT BE CHANGED OR VACATED unless you have a hearing. To have a hearing, Petitioner or Respondent must do the following:

1. File a written motion with the Circuit Clerk that lists the reasons why you want to change or vacate this Order;
2. Get a time for the hearing from the Circuit Clerk; AND
3. Provide the other party with a copy of your motion and notify the other party in writing of the time and place of the hearing."