legal

How to Get an Order of Protection in Illinois

A straightforward guide for Illinois survivors seeking an Order of Protection.

Illinoisorder of protectiondomestic violence

LEGAL SAFETY

Understanding Orders of Protection in Illinois

What an Order of Protection Is

An Order of Protection in Illinois is a court order that can help reduce contact and harm from someone who has been abusive, threatening, or controlling. It is a civil order, which means it is separate from criminal charges, although violating the order can lead to criminal consequences for the other person.

In everyday terms, an Order of Protection is a written set of rules from a judge that tells the abusive person what they can and cannot do. It can limit or block contact, help with temporary living arrangements, and set rules about children and shared property.

An Order of Protection is not a guarantee of safety, but it can be one tool among many. Safety planning, support from trusted people, and community resources can also be important.

Who May Qualify to File in Illinois

In Illinois, Orders of Protection are generally available when there is a family or household relationship between the person asking for protection (the petitioner) and the person the order is against (the respondent). This can include:

Current or former spouses or civil union partners
People who live together or used to live together
People who are dating or used to date, including some casual or non-cohabiting relationships
People who share a child, or are expecting a child together
Parents, children, stepchildren, and other relatives by blood or marriage
People with disabilities and their personal assistants or caregivers

In some situations, parents or guardians can ask the court for an Order of Protection on behalf of a child or a person who cannot file on their own.

Exact eligibility can depend on your specific connection to the other person. If you are unsure whether your relationship qualifies, a local legal aid office or domestic violence advocate may be able to explain your options.

Where to File and How to Get Forms

Orders of Protection are usually handled in the circuit courts in Illinois. You can often start the process in:

The courthouse in the county where you live
The county where the abusive person lives
Sometimes the county where the abuse happened

Forms are typically available:

At the courthouse clerk’s office
Through court self-help centers or help desks (if available in your county)
On official Illinois court or legal aid websites that provide free protection order forms

Who Can Help With the Process

Many people do not use a private lawyer to file, but support can still be available. Possible sources of help include:

Domestic violence advocates at shelters or community agencies
Legal aid organizations that offer free or low-cost assistance
Court-based advocates or family law help centers
Some police departments, which may help connect you to advocates or explain how to reach the court

Advocates and legal aid staff can often help with understanding the forms, preparing for court, and thinking through safety concerns, but they are not the same as private lawyers.

For a broader list of support options across the United States, including some that may connect to Illinois resources, you can also look at information available through https://www.dv.support.

The Order of Protection Process in Illinois

1. Emergency or Temporary Orders

When the court believes there is an immediate safety concern, a judge may issue an emergency or temporary Order of Protection. This can sometimes be done the same day you file, and it can be issued without the other person present at that first appearance.

In the paperwork, you usually explain:

What has been happening
Why you are afraid or concerned
What protections you are asking for

If the judge grants an emergency order, it is usually short-term and meant to provide immediate protection until a full hearing can be held.

2. Service on the Respondent

After an emergency or temporary order is granted, the other person generally must be “served” with the court papers. This usually means that law enforcement or another authorized person delivers the documents so the respondent knows about the order and the next court date.

In most cases, you are not expected to serve the respondent yourself. Courts often arrange for the sheriff or another process server to handle it. The order is usually not fully enforceable against the respondent until they have been properly served.

3. Full Court Hearing

A full (or “plenary”) Order of Protection usually requires a court hearing where both sides have a chance to speak. At this hearing:

You may be asked to testify about what has happened and why you are asking for protection
You can bring documents, messages, or witnesses, if available and safe to do so
The respondent can also speak, present evidence, and ask questions through the court process

After hearing from both sides, the judge decides whether to grant a longer-term Order of Protection and what terms it should include.

Courts can feel intimidating. An advocate, friend, or support person may be able to come with you for emotional support, depending on court rules. You can ask court staff or an advocate how this works in your courthouse.

Types of Protections You Can Ask For

Orders of Protection in Illinois can include different kinds of protections, depending on your situation and what the judge finds appropriate. Common examples include:

Stay-Away and No-Contact Rules

Ordering the respondent not to contact you directly or through others
Requiring them to stay a certain distance away from you, your home, work, or school
Limiting contact to certain methods or topics (for example, only about children, and only in specific ways), if the judge believes some contact is necessary

Exclusive Possession of a Residence

Ordering that you have the right to stay in a shared home, even if your name is not on the lease or title, and that the respondent must move out
Setting rules about returning to the home with police or another person to collect personal belongings, if needed

Child-Related Orders

If you and the respondent share children, the judge may be able to include child-related protections, such as:

Temporarily deciding who the children live with
Setting rules for parenting time or supervised visits
Limiting or blocking contact where there are serious safety concerns
Ordering the respondent not to remove the children from a certain area without permission

Other Possible Protections

Depending on your situation, an Order of Protection may also address:

Harassment, stalking, or following you
Possession of firearms or dangerous weapons by the respondent
Use of shared property, pets, or vehicles
Temporary financial support in some circumstances

Not every judge will grant every type of protection in every case. What is included depends on your request, the evidence, and Illinois law. It can help to think ahead about what specific protections feel most important for your safety.

How Long Orders of Protection Can Last

Emergency Orders of Protection are usually short-term. They often last only until the next scheduled court date, which might be in a few weeks.

After a full hearing, if a judge grants a longer-term (plenary) Order of Protection, it can typically last many months or even up to a couple of years. The exact length can vary based on your situation and the judge’s decision.

In some cases, there may be ways to ask the court to extend or modify an order before it expires. Courts can also sometimes end an order early if requested and approved, depending on safety concerns and legal rules.

Getting Illinois-Specific Guidance

Every case is different, and Illinois procedures can vary from one county to another. For the most accurate and current information:

Check your local circuit court’s website for instructions and forms
Contact an Illinois legal aid organization that works with family law or domestic violence
Reach out to a local domestic violence program or shelter for advocacy and safety planning support
Speak with a lawyer licensed in Illinois for advice about your specific situation, if you are able to

This information is a general overview only. It is not legal advice and does not replace talking with a lawyer or advocate who understands Illinois law and local court practices.