Orders of Protection and Other Restraining Orders in Illinois

If someone is threatening, abusing, or stalking you, Illinois law offers several kinds of court orders that can keep them away. People often call all of them restraining orders, but Illinois uses specific names, and the right one depends on your relationship to the other person.

If you are in immediate danger, call 911. The National Domestic Violence Hotline is available at 1-800-799-7233 and by chat at thehotline.org.

Which Order Fits Your Situation

The most common is an order of protection under the Illinois Domestic Violence Act. It is available against a family or household member.¹ That includes spouses and former spouses, people who share a child, people who live or lived together, and relatives.

It also covers people in a dating or engagement relationship and certain caregivers of people with disabilities.

When the relationship does not fit that definition, other orders may apply:

• Civil no contact order: For a victim of nonconsensual sexual conduct or penetration, regardless of the relationship.
• Stalking no contact order: For a victim of stalking by someone who is not a family or household member.
• Firearms restraining order: Asks the court to remove firearms from a person who poses an immediate and present danger to themselves or others.²

Illinois Legal Aid Online offers a short interview that helps you decide which order to request.³

Emergency, Interim, and Plenary Orders

An order of protection can be entered at three stages. An emergency order can be granted the same day based on your testimony, without notice to the other person, and lasts at least 14 and not more than 21 days.⁴

An interim order lasts up to 30 days and can bridge the time until the full hearing. A plenary order is entered after a hearing where both sides can present evidence, lasts for a fixed period of up to two years, and can be extended.

How to File

1. Gather what you have. Police reports, medical records, photographs, texts, emails, and the names of witnesses all help the judge understand what happened.
2. Go to the right court. You can file in the county where you live, where the other person lives, where the abuse happened, or where you are temporarily staying to avoid abuse.⁵
3. Complete the petition. The circuit clerk can provide the forms, and many courthouses have domestic violence advocates who can help. Statewide forms are also available from the Illinois courts.
4. See a judge for an emergency order if you need one. The judge can enter emergency protection that day and set a date for the full hearing.
5. Serve the other person. The order must be served, or the other person must have actual notice of it, before they can be charged with violating it. Service is usually handled by the sheriff.
6. Attend the plenary hearing. Bring your evidence and witnesses. If the judge grants the order, read it carefully and keep a copy with you.

An attorney can help you choose the right order, prepare your evidence, and present your case at the plenary hearing. Johnson Law Group offers a no-pressure consultation when it is safe for you to talk, so schedule a consultation when you are ready.

What an Order Can Include

An order of protection can prohibit abuse and contact, or order the other person to stay away from your home, work, or school.⁶ It can also grant you possession of the residence and address temporary parenting time and support, and the judge chooses the remedies that fit your petition.

If you are also going through a divorce or a parenting case, an order of protection can affect Illinois child custody decisions, and the two cases need to be coordinated.

Resources in Illinois

• The Illinois Coalition Against Domestic Violence, at icadv.org, for statewide services.
• The City of Chicago Domestic Violence Hotline and local advocacy programs, including the Chicago Abused Women Coalition.
• The National Domestic Violence Hotline, at 1-800-799-7233.

Talk With an Illinois Family Law Attorney

Getting an order of protection is a serious legal step, and the strength of your petition and your hearing preparation can shape the result. Johnson Law Group is here to help.

The attorneys at Johnson Law Group help clients seek orders of protection and will give you a clear read on the order that fits your situation. Schedule a free consultation through our Illinois office, and we will serve as your North Star from here.

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