How Can a Plenary Order of Protection Help Me?

 Posted on May 19, 2025 in Divorce / Family Law

Living through domestic violence in your household can be traumatic. By pursuing a plenary order of protection, you may be able to obtain long-term relief from your abuser. These protections are awarded at a judge’s discretion based on what he or she thinks is necessary for your safety. An Illinois family law attorney can represent you in a hearing for a plenary order, making a case for your need for safety.

At Loire Krajniak Law, LLC, we understand how critical an order of protection can be for your continued welfare. When you work with our firm, we will aggressively advocate for a resolution that provides you with real relief.

Stopping Abusive Behaviors With an Order of Protection

One of the reasons a plenary order is so effective is because it can put an immediate stop to domestic violence. If the judge grants the plenary order, your abuser will be barred from intimidating, stalking, harassing, or otherwise trying to harm you.

An order of protection is legally enforceable. This means that if your abuser violates the terms of the order, he or she could be arrested and charged with a criminal offense. If you have any questions about what constitutes abuse or how you can enforce an order of protection, our domestic violence attorney at Loire Krajniak Law, LLC can help.

While a protective order is a powerful tool, you should exercise the utmost caution when dealing with dangerous, possibly volatile abusers. If you fear for your or your child’s safety, be sure to have a plan in place that involves going to a protected place, such as a shelter or the home of somebody you trust. If you are at immediate risk of harm, do not hesitate to call 911.

Custody Awards in Orders of Protection

If you share any children with the person named in the order of protection, you may be granted temporary rights over those children. Specifically, you may be granted "physical care and possession" of any minor child after a hearing. You may also be granted temporary decision-making responsibility over your child while the order is in effect.

When deciding how to handle child custody in an order of protection, the courts will act in the child’s best interests. If the person named in the order is found to be physically abusive, the court may assume that giving that person custody would not be in the child’s best interests. The court can also deny an abuser parenting time if he or she is likely to abuse or endanger the child.

Evicting Your Abuser With a Plenary Order of Protection

Many cases of domestic abuse take place in a shared household. As part of a plenary order of protection, a judge can order the person named in the order to leave the home. In cases where both you and your abuser have a right to the home, the judge will consider the effect this will have on both parties.

Generally, the court will put your safety first. However, if your safety is not at risk and your abuser would be subject to unnecessary hardship by being forced to leave, the judge may allow the abuser to remain in the home. At Loire Krajniak Law, LLC, we will argue aggressively on your behalf for a solution that keeps you safe from continued harm.

Meet With a Kendall County, IL Order of Protection Attorney

If you have been made to feel unsafe by a family or household member, our firm can help you take legal action. To schedule a free consultation with our Oswego, IL family lawyer, call our offices at 630-448-2406 today.