Mutual and Correlative Orders of Protection

Section 215 of the Illinois Domestic Violence Act (here) flatly prohibits a judge from entering mutual orders of protection. While discouraging the entry of correlative orders of protection, Section 215 allows for the entry of such orders if the statutory requisites are met. In re Marriage of Kiferbaum, (here) provided the appellate court with its first opportunity to discuss the difference between the two types of orders of protection.

Two years after an acrimonious divorce including allegation of threats, sexual abuse, and damaging automobiles with urine, feces, and vomit, Judith and Hanan Kiferbaum filed petitions seeking orders of protection against each other. The trial judge set the “cross-petitions” for hearing on January 30, 2013. The judge conducted a hearing on Hanan’s petition first because he filed it two weeks earlier than Judith. After granting Hanan’s petition, the judge dismissed Judith’s petition considering it a request for mutual orders of protection which were barred by Section 215. On appeal, Judith claimed that she requested a “correlative” order of protection, not a “mutual” order of protection.

In siding with Judith, the appellate court first noted that no court had previously considered the difference between mutual and correlative orders and that neither term was defined in the Illinois Domestic Violence Act. The court when on to characterize mutual orders as typically appearing in a single document, based on a single petition, and entered even if one party did not seek an order of protection. The court found good reason for strictly prohibiting mutual orders because they tend to violate due process, exacerbate violence, and are difficult for the police to enforce.

The court did not find the same drawbacks with correlative orders because under the statute they can only be obtained when separate written petitions are filed, both parties prove past abuse,  both parties give prior notice (unless excused), and  the trial court enters separate orders justifying each  remedy granted. The court concluded by stating that if the “clear roadmap” set out by Section 215 is followed, correlative orders of protection, while disfavored, remain an available remedy.