Orders of Protection
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.