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.

​

LaRocque Law handles orders of protection on both sides throughout Cook, DuPage, and Will County. 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 custody 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

​

The scope of the order depends on what is requested and what the court finds is warranted by the evidence.

​

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.

​

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.

​

The Legal Standard: What Counts as Abuse

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.

​

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.

​

How Orders of Protection Affect Family Law Cases

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.

​

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.

​

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.

​

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 County look for, and we present the evidence in a way that gives your petition the strongest possible foundation.

​

If your situation is an emergency, contact us today.