What is an Order of Protection?
In Illinois, an Order of Protection, also known as a restraining order, is a court order signed by a judge that places restrictions on an abuser, preventing them from engaging in abusive, threatening or harassing behaviors, to protect victims of domestic violence. Violating an Order of Protection is a serious offense and can lead to arrest and criminal charges.
North Suburban Legal Aid Clinic (NSLAC) provides free legal aid to survivors of Domestic Violence living in Lake County and north suburban Cook County.
What Are the Different Types of Orders of Protection?
Illinois provides two main types of Orders of Protection: Emergency and Plenary. Each serves a different purpose depending on your situation.
Emergency (EOP):
An Emergency Order of Protection is designed for urgent, immediate safety concerns (up to 21 days). Judges can grant them the same day, without notifying the abuser.
When an Emergency Order of Protection might be needed:
If you are facing immediate danger, you can ask the court for an Emergency Order of Protection. Examples include:
- An abuser is threatening to come to your home or workplace
- You have experienced a recent incident of physical violence or threats of violence
Emergency Orders of Protection last up to 21 days or until your next court date. If the abuser cannot be served right away, the court may extend the Emergency Order until service is completed, and a hearing can be held.
Plenary (POP):
A Plenary Order of Protection can only be issued after a judge holds a full court hearing where both the survivor and the abuser (the “respondent”) may present evidence and testimony (up to 2 years, renewable). The judge then decides whether to grant the order based on the evidence presented.
When a Plenary Order of Protection might be needed: If you need on going protections beyond the shorter periods of an Emergency Order of Protection, such as when there is a history of abuse, ongoing threats, or children involved, a Plenary Order provides longer protection
How To Obtain an Order of Protection in Illinois?
Navigating the legal system as a survivor of domestic violence is never easy, and the process of obtaining legal protection can feel overwhelming. If you are in need of Domestic Violence help, we encourage you to connect with a trusted legal aid nonprofit or domestic violence agency in your community. There are no filing fees to obtain an Order of Protection in Illinois.
NSLAC provides free legal assistance to survivors seeking Orders of Protection in Lake County and north suburban Cook County. If you are experiencing an emergency, please call 911 immediately.
Steps to Obtain an Order of Protection:
1. File a Petition
- You (called the “petitioner”) begin by filling out and submitting a petition at the courthouse. Court staff, domestic violence advocates and nonprofits can help you complete this paperwork.
2. Request an Emergency Order
- If you are in immediate danger, you can ask the judge for an Emergency Order of Protection, which may be granted the same day.
- Judges can grant them the same day, without notifying the abuser.
- This order takes effect right away and lasts up to 3 weeks (21 days)
3. Notice to the Other Person
- The abuser (called the “respondent”) must be formally notified about the case. This is usually done by the sheriff’s office.
- Service must be handled by law enforcement or another authorized party. You should never attempt to serve the respondent yourself.
- Note that it may take several tries before the respondent can be notified
4. Court Hearing
- The court will schedule a hearing, where both you and the respondent may present evidence or testimony.
- If the judge finds it necessary, a longer-term order (Plenary Order of Protection) can be issued.
- If your Emergency Order expires before you can be granted a longer order of protection, you can petition your order to be extended while you await a court hearing and decision.
5. Enforcement of the Order
- Keep a copy of the order with you at all times. If the respondent violates it, call the police right away.
- Violating an Order of Protection can result in arrest and criminal charges.
If you are an immigrant and feel unsafe going to the courthouse because of potential ICE presence, start by calling your courthouse advocate to discuss safety and next steps. If you do not feel comfortable applying in person, you can call the Illinois Domestic Violence Hotline at 1-877-863-6338 to file for an Order of Protection remotely. After filing, you may be able to request that your case be transferred to a different courthouse or ask for a remote hearing.
Who Can Get an Order of Protection?
In Illinois, you can petition for an Order of Protection if you have experienced abuse by a family or household member. This broad guideline allows people in many types of situations to request help. You may qualify for an order of protection if the abuser is:
- A current or former spouse
- Someone you live with or used to live with
- Someone you dated or are dating
- A parent, child, stepchild, or other relative by blood or marriage
- Someone with whom you share a child
- A caregiver or person in a dependent care relationship
You do not have to be married, currently living together, or in an ongoing relationship to qualify. What matters is that there is a family or household connection as defined by Illinois law.
If the person harming you is not a family or household member, you may still be able to seek protection through other court orders, such as a Stalking No Contact Order or a Civil No Contact Order (for victims of sexual assault).
What Protections Can an Order of Protection Provide?
In Illinois, a judge may grant protections that fit your situation. An Order of Protection can:
- Order the abuser to stop threats, abuse, or harassment
- Require the abuser to stay away from you, your home, workplace, or school
- Grant you temporary custody of children
- Require the abuser to move out of your shared home
- Prohibit the abuser from possessing firearms
- Prevent the abuser from contacting you by phone, text, email, or through third parties
- Order the abuser to attend counseling
The specific protections depend on your case and what the judge grants. Violating an Order of Protection can result in arrest and criminal charges.
Additional Resources for Survivors
- Language access and accommodations: Illinois courts provide interpreters and accommodations for people with disabilities.
- Address Confidentiality Program: Survivors who fear their location being disclosed can apply to have a substitute address used in public records.
Free Domestic Violence Legal Aid
North Suburban Legal Aid Clinic (NSLAC) provides trusted and confidential, free legal aid to survivors of domestic violence living in Lake County and north suburban Cook County. There are no income requirements for survivors. If you are in need of legal help, please contact info@nslegalaid.org or call 847-737-4042 to schedule a consultation.