practice areas
Chicago Order of Protection Attorney
Immediate protection for you and your children, handled with urgency and care.
When Safety Is the Issue, Everything Else Comes Second.
An order of protection is one of the most powerful tools Illinois courts have in family law matters. It can remove a person from their home, restrict contact with their children, and affect every aspect of an ongoing divorce or parenting case. Obtaining one when you need it — or defending against one that is exaggerated or false — requires experienced legal counsel and immediate action.
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LaRocque Law handles orders of protection on both sides throughout Cook, DuPage, and Will Counties. We move quickly because these situations demand it.
What an Order of Protection Does
An order of protection is a civil court order that restricts the behavior of one person toward another. Depending on the circumstances, an order of protection can:
Prohibit the respondent from abusing, harassing, intimidating, or interfering with the petitioner or their children
Require the respondent to vacate a shared residence — even if they own or lease it
Grant the petitioner temporary exclusive possession of the family home
Restrict or prohibit the respondent's contact with minor children
Award temporary physical care and possession of children to the petitioner
Require the respondent to stay away from the petitioner's home, workplace, school, or other locations
Prohibit the respondent from possessing firearms
Require the respondent to pay support, surrender a vehicle, or attend counseling
Prohibit the respondent from taking or concealing children
Who Can Seek an Order of Protection
Illinois orders of protection are available to family and household members — a category the law defines broadly. It includes current and former spouses, parents, children, stepchildren, people who share or have shared a home, people who have or had a dating or engagement relationship, and people who share a child in common regardless of whether they ever lived together.
If you are in a family law matter — divorce, parenting dispute, or post-decree proceeding — and domestic violence or harassment is a factor, an order of protection can be sought as part of that proceeding or in a separate action.
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The Legal Standard: What Counts as Abuse
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Under the Illinois Domestic Violence Act, abuse includes physical abuse, harassment, intimidation of a dependent, interference with personal liberty, willful deprivation, and in some circumstances stalking. It does not require physical violence. Repeated unwanted contact, threatening communications, monitoring someone's movements, and conduct designed to intimidate or control can all constitute abuse under Illinois law.
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The standard for an emergency order is whether there is an immediate and present danger of abuse. For a plenary order, the petitioner must establish abuse by a preponderance of the evidence — more likely than not.
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How Orders of Protection Affect Family Law Cases
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An order of protection entered during a divorce or parenting case does not exist in a vacuum. It affects every related proceeding.
A finding of domestic violence is a factor courts must consider in allocating parental responsibilities and parenting time. An order that restricts a parent's contact with their children can fundamentally reshape a parenting arrangement. The existence of an emergency order — even one entered without the respondent present — can affect temporary orders for housing, support, and parenting.
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This intersection between protective orders and family law proceedings is one of the reasons having experienced counsel matters from the beginning. Decisions made in a protective order hearing can have lasting consequences in the divorce or parenting case that follows.
The Three Types of Orders of Protection
Emergency Order of Protection
An emergency order can be obtained on an ex parte basis — meaning without the other party present — when the situation requires immediate protection. Emergency orders are typically granted the same day they are filed if the petitioner's allegations meet the legal standard. They last up to 21 days and are entered without notice to the respondent.
Interim Order of Protection
An interim order bridges the gap between the emergency order and a full hearing. It can be entered when the respondent has been served but a full hearing has not yet been held. Interim orders last up to 30 days.
Plenary Order of Protection
A plenary order is entered after both parties have had the opportunity to appear and present evidence. It is the longest-lasting form of protection — up to two years, and renewable. Obtaining a plenary order requires a hearing where the petitioner must prove their allegations by a preponderance of the evidence.
Our Approach to Orders of Protection
If You Need an Order of Protection
If you are in a situation involving abuse, harassment, or threats — or if you are concerned about your safety or your children's safety — we will help you seek protection immediately.
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We prepare the petition carefully, documenting the specific incidents that support the request, and we accompany you to the hearing. We know what judges in Cook, DuPage, and Will Counties look for, and we present the evidence in a way that gives your petition a solid foundation.
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If your situation is an emergency, contact us today. Common questions are answered in our orders of protection FAQ.
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"Rather than engaging in unnecessary conflict, she remained focused on moving the case forward efficiently — which allowed me to reach a resolution and move on." — Melissa B., client. Past results and client testimonials do not guarantee future outcomes; every case is unique.
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Cases are handled by Rebecca LaRocque and Tyler Keller. Family law only, in Cook, DuPage, and Will Counties.
Frequently asked questions
What is an order of protection?
An order of protection is a court order under the Illinois Domestic Violence Act that prohibits someone from abusing, harassing, or contacting you. Depending on the situation, it can also bar the person from your home, your workplace, and your children's school, address temporary parenting issues, and require them to stay a set distance away from you.
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Who can get an order of protection?
Orders of protection are available against family or household members, a spouse or ex-spouse, someone you dated, someone you live with or used to live with, a relative, or someone you share a child with. If the person harassing you doesn't fit any of those categories, Illinois has separate tools, including stalking no-contact orders and civil no-contact orders, that may apply instead.
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How quickly can I get an order of protection?
An emergency order of protection can often be entered the same day you ask for it, based on your testimony alone, without the other person present or even knowing about it in advance. Emergency orders are temporary, generally 14 to 21 days, and the court then sets a hearing where both sides can be heard before deciding whether to enter a longer order.
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What's the difference between an emergency order and a plenary order?
An emergency order is short-term protection granted quickly, without the other side present. A plenary order is entered after a hearing where both parties have the chance to present evidence, and it can last up to two years and be renewed. An interim order can bridge the gap between the two while the case is pending.
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Does it cost anything to file for an order of protection?
There is no filing fee for an order of protection in Illinois, and the sheriff serves the papers at no cost. If you hire an attorney, you pay for the attorney's work, and in some cases the court can order the abuser to pay those fees.
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What evidence do I need for an order of protection?
Your own sworn testimony is evidence, and for an emergency order it is often enough. For the plenary hearing, it helps to have anything that backs up your account: texts, voicemails, emails, photos of injuries or damage, medical records, police reports, and witnesses. Save everything, even if you're not sure it matters, deciding what's useful is your attorney's job.
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What happens if an order of protection is violated?
Violating an order of protection is a crime, a Class A misdemeanor for a first violation, and potentially a felony for repeat violations. If the order is violated, call the police. Violations can also be brought back before the civil judge who entered the order.
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Can an order of protection affect parenting time?
Yes. An order of protection can address where the children stay, restrict or structure the other parent's time, and set safe exchange arrangements while the order is in effect. If a divorce or parentage case is also pending, the two cases interact, and it matters that they're handled together with a consistent strategy.
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Someone filed an order of protection against me. What should I do?
Take it seriously and follow it to the letter, even if you believe the allegations are false, a violation is a criminal matter regardless of whether the underlying claims are true. Do not contact the petitioner, even to "clear things up." Then talk to an attorney quickly: you have the right to contest the order at the plenary hearing, and what happens there can affect your parenting time, your home, and any related divorce or parentage case.
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Will an order of protection show up on my record?
Orders of protection are entered into a statewide law enforcement database while in effect, and the court file is generally public. A civil order of protection is not a criminal conviction, but it can still have real consequences, which is why both seeking one and defending against one are worth doing carefully.