Resource for a Recourse: Online Resource Center for Survivors of Abuse

ILLINOIS : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

By Illinois' legal definition, domestic violence includes:

Physical abuse
Threats that put you in fear of physical harm
Unlawful imprisonment
Harassment
Stalking
Intimidation of a dependent
Interference with personal liberty

You can file an order of protection against a family or household member who has committed acts of domestic violence against you or your minor child. A family or household member includes:

A spouse or ex-spouse
A boyfriend or girlfriend, or someone you date or used to date
A parent, stepparent or grandparent
A stepchild or child of yours, even if you're not married to the child's father or mother
Siblings
A person responsible for you if you are a high-risk or disabled adult
A person related to you by blood or by marriage,
A person who you live with or have lived with previously,
The mother or father or your baby, even if you have never been married to them or lived with them
A person with whom you share or allegedly share a blood relationship through a child,
A caregiver.

You can request an order of protection on behalf of yourself, your minor child, an incapacitated adult, or another household member.

You may file for an order of protection against a same-sex partner - including someone you are dating or have dated, or someone you live or have lived with previously.

A minor can also file for an order of protection on their own in most cases. However, it may be more difficult to do so when the minor is filing against a parent or legal guardian. In Cook County, there is a court rule that states minors must have a parent or guardian filing on their behalf.

Types of protective orders:

Emergency Orders

An emergency order can be obtained based on your testimony to a judge, even without the abuser present. The judge must be convinced that you are in immediate danger, or experiencing emotional distress, or else the judge may not grant the order.

The emergency order will last until you can have a full hearing for a plenary order, usually within 2-3 weeks.

Interim Orders

An interim order offers you a bit more protection than an emergency order. You do not need to have a full court hearing to be granted an interim order. They are often used to protect you in between the time when your emergency order expires and your full court hearing takes place. However, your abuser or his lawyer must have made an initial appearance before the court or the abuser must have been notified of the date of your court hearing, before you can be given an interim order. An interim order lasts for up to a month.

Plenary Orders

A plenary order of protection can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. It provides the most protection and the longest-term protection.

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Benefits:

A plenary order of protection can:

Forbid your abuser from harassing, abusing, stalking, intimidating, and interfering with the personal liberty of you and your dependents
Tell your abuser to leave your shared residence
Tell your abuser to stay away from your home, work, school or any other site you specify in the order
Tell your abuser to not contact you in any way (including phone, mail or through third parties)
Prohibit your abuser from taking or damaging your personal property or property that you co-own with the abuser
Tell your abuser to hand over any firearms in his possession to the authorities and forbid him from buying firearms.
Require the abuser to reimburse you for losses suffered as a result of abuse, such as medical expenses, lost earnings, property damage, attorney's fees, moving and travel expenses, shelter and meals, cost of finding/recovering your children, counseling for you and your children
Require the abuser to undergo counseling
Require the abuser to pay you child and spousal support
Award you temporary custody of your children, and determine temporary visitation rights, if any
Anything else necessary for your safety that you ask for

Whether a judge orders any or all of the above depends on the facts of your case. Any of the above may not apply to emergency or interim orders of protection.

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Costs:

There are no fees for filing for an order of protection or for having the papers served on the abuser by the Sheriff.

You do not need a lawyer to file for an order of protection. However, you may wish to have a lawyer, especially if your abuser has a lawyer. If you can, contact a lawyer to make sure that your legal rights are protected.

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Violations:

Call the police or sheriff, even if you think it is a minor violation. The Illinois Domestic Violence Act requires that police take all reasonable steps to prevent further abuse to you, including arresting the abuser. The police need not witness the actual abuse, as long as there is "probable cause" (abuser calling or emailing you, coming near your home or you when ordered to stay away, or visible injuries or other evidence of violence).

It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. Make sure a police report is filled out, even if no arrest is made.

When the police arrive, show them a copy of the order of protection. If you don't have one, they can verify its existence through their police computer. Once they verify the order and that it has been served, they may arrest the abuser. If the order has not been served, they may serve the abuser, if the abuser is present. If the abuser refuses to leave, they may arrest the abuser for violation of the order.

If the police do not arrest him or file a criminal complaint, you still have the right to file for civil contempt for a violation of the order. It is a crime and contempt of court if the abuser knowingly violates the order in any way. A judge can punish someone for being in contempt of court. To file for civil contempt, go to the clerk's office in the courthouse where the order was originally filed, and ask for the necessary forms.

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