Extending an order of protection

David Siegel: Yes. What happens at the hearing?

Jesse Barrientes: It really depends on the situation. A lot of times, again, it depends on what it is. Sometimes there are situations – I had one just recently where my client had custody in a different state, and actually had filed a petition for dissolution of marriage, and had an order of temporary custody, and the wife came to Illinois with the child and got an order of protection. She didn’t tell the court that there was another case pending in the other state. She didn’t tell the court that he had temporary order of custody, and it took a lot of work. We filed the appropriate motion – motion to vacate – and everything else, and eventually, after a hearing – we had to go a couple of times – it was granted.

David Siegel: What was the name of that case?

Jesse Barrientes: I can’t tell you, Dave.

David Siegel: Just kidding. I’m testing your ethics.

Jesse Barrientes: I can tell you it’s in the public record, but I can’t tell you that. Anyway, so that’s what happens, and it just depends on the specific circumstances. A lot of times the courts – and I’ve seen courts and judges, well, just like anything else. I’ve seen judges enter orders of protection that I don’t think they should’ve, based upon the law, because the other side didn’t meet the specific elements that are required for the order of protection. Now, is the situation, should the judge have entered it, pursuant to the law? No. Should the judge have actually entered it? Yes.

David Siegel: Let me ask you a question, too. A lot of times judges in other areas of the law tell people to go out and talk in the hallway. Use the hallway; that’s going to resolve the case. I would assume that in orders of protection that’s not something that the court can do, so they’re going to have to hear the testimony. Is that correct?

Jesse Barrientes: They’re going to have to hear testimony. They also have what they call the advocates, which are people who talk to and are trained, and they talk to the petitioners, the people who are seeking the order of protection. Generally what happens is – a lot of times you have, again, it’s pro se, and you don’t have lawyers involved – a lot of times it’s just that individual petitioner that’s pro se, and the defendant or respondent gets an attorney. Sometimes you have the situation where both Joliet parties have attorneys, and I like that better because there’s more depth of understanding and interaction because an attorney knows what the law is and they know the realities, where a person who’s doing it on their own really doesn’t have that understanding.

But if you have a situation where there are a couple of pro se people doing it on their own, the advocates will talk to the petitioner – even in a case where I’ve represented respondents. And I’ll tell them, “Hey, what are we doing here?” Either the person doesn’t want to pursue it, and a lot of times they don’t.

David Siegel: Is this a criminal offense? If an order of protection is extended for up to two years, is this something that is going to be on record and authorities will be able to look up on this when they either arrest you or pull you over for driving? Is it something that’s going to be on record?

Jesse Barrientes: It’s on record but it’s not a criminal offense. Let’s say we get to the second hearing and the judge enters it, or grants it, extends it. Then it becomes what they call a plenary order of protection. An emergency order of protection is up to 21 days. Sometimes they can extend it if the other person hasn’t been served. They can, if the judge determines that it should be extended, extend it for any time beyond that, and that would be a plenary. It could be 30 days, it could be a year, six months. It could be two years – which would be the max they could extend it – and it’s set on that date, to come back to see whether or not it should be extended again. But it will be on record; they will know that.

Sometimes, well, a lot of the remedies are you can’t possess a firearm. So if maybe you’re a police officer and you have an order of protection against you, or you’re a soldier in the armed forces, that’s going to be a real problem. If you are a security guard, that’s going to be a real problem. Certain jobs, if you have an order of protection against you, that’s going to be a real problem.

David Siegel: Alright. Well, the judge might make an exception for while you’re on your job.

Jesse Barrientes: That’s correct.

David Siegel: But two years is the maximum extension. Is that correct?

Jesse Barrientes: That’s right.

David Siegel: That seems like an awful long time to extend an order of protection. You’re talking about, what, 700 days, 730 days?

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