Orders of
Protection
Protection
for you and your children
IMPORTANT NOTICE
This information is not meant to be legal advice or to replace the advice you should receive from an attorney. There are times when it would be wise to consult a lawyer and other times when it is essential to do so. Always remember, each individual case is unique. If you have additional questions or want legal advice, follow this link to find the Prairie State office nearest you.
PUBLICATION
CONTENTS
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About These Materials
Millions of people are harmed in some way each year because of domestic violence. Illinois law provides protection for abused persons through a court-issued Order of Protection. This publication can provide information about orders of protection. If you are a victim of domestic violence, contact the police and your local domestic violence program. For information on domestic violence programs in Illinois visit the Illinois Coalition Against Domestic Violence.
The following information is not meant to be legal advice or to replace the advice you should receive from an attorney. There are times when it would be wise to consult a lawyer and other times when it is essential to do so. Always remember, each individual case is unique. If you have additional questions or want legal advice, follow this link to find the Prairie State office nearest you.
An Order of Protection may save your life.
What Is an Order of Protection?
An Order of Protection is a court order that can provide for many things. Some of the things an Order of Protection can do are:
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order an abuser not to abuse, harass or stalk you or certain other persons;
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order an abuser to leave the home that you live in;
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order an abuser to return certain property and money; and,
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order an abuser to enter counseling.
In addition, the judge who issues the Order of Protection can decide temporary custody of children, child support and maintenance.
How Do I Obtain an Order of Protection?
To obtain an Order of Protection, you must file a Petition for an Order of Protection at the courthouse. In the Petition, you will tell what abuse has happened, and you will say what you want the judge to order (such as custody and possession of your home).
Emergency Orders of Protection
If you think that your abuser will create problems if you tell him that you are going to seek an Order of Protection, you may be able to obtain an Emergency Order of Protection. An Emergency Order is good only for up to 21 days, but it can be given without telling the abuser that you are asking for it. The Order will tell the abuser when to come to court.Plenary (Full) Orders of Protection
Once the abuser has been properly notified of the case, you may be able to obtain a Plenary (meaning “full”) Order of Protection. This Order may be good for up to two years.
From Whom Will an Order of Protection Protect Me?
An Order of Protection can protect you from an abuser who is:
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your spouse;
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your former spouse;
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your parent;
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your child;
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your stepchild;
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another person related to you by blood or by your present or prior marriage;
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a person who lives with you or lived with you in the past;
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the other parent of your child;
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someone who is related to your child; and
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someone you have dated or have been engaged to.
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In addition, the law protects persons with disabilities and their personal assistants.
What Do I Do if My Abuser Violates an Order of Protection?
Call the police.
Your abuser may be violating the law if he violates the Order of Protection. The abuser may be subject to arrest. You need to call the police immediately. In addition, you should speak with an attorney about contempt of court.
How Do I Get an Order of Protection?
In some counties, the State’s Attorney’s office helps people get Orders of Protection. In some places, domestic violence shelters help people get Orders of Protection. In some counties, Prairie State Legal Services can help you get an Order of Protection.
To find out who can help you obtain an Order of Protection, call your local office of Prairie State Legal Services. Prairie State Legal Services provides legal services at no cost to low income persons and senior citizens.
About Prairie State Legal Services
Prairie State Legal Services provides free legal services to low income persons and senior citizens with civil legal problems. Prairie State serves people regardless of race, religion, color, age, sex, disability, language, or national origin. To see if you are eligible for Prairie State’s services, call your local office You can follow this link to find the Prairie State office nearest you.
Prairie State Legal Services acknowledges the work of the National Consumer Law Center, Boston, MA. which developed some of the original material adapted for this publication.
