Disclaimer: This article provides general legal information about orders of protection in Illinois and is not legal advice. Every situation is different. If you are in immediate danger, call 911. To discuss your specific circumstances, please schedule a consultation with Hunsinger Law Group, LLC.
Orders of Protection in Illinois
An order of protection is a court order that protects a person from abuse by a family or household member. In Illinois, these orders are governed by the Illinois Domestic Violence Act (750 ILCS 60). Hunsinger Law Group, LLC represents both people seeking protection and people defending against a petition in Cook County (Chicago) and the surrounding Illinois courts. These matters often overlap with divorce and family law issues such as custody and parenting time.
Types of Protective Orders in Illinois
Illinois offers several kinds of protective orders. The most common is the Order of Protection, which requires an abusive family or household member. Illinois also provides:
- Civil No Contact Orders: For victims of sexual assault or abuse, without a family relationship requirement.
- Stalking No Contact Orders: For victims of stalking who do not have a qualifying relationship with the offender.
Who Qualifies for an Order of Protection?
An Order of Protection under the Domestic Violence Act requires abuse by a family or household member, which includes spouses and former spouses, people who share a child, people who are or were dating, family members, roommates, and certain caregivers of people with disabilities.
The Three Types by Duration
- Emergency Order of Protection (EOP): Issued the same day without the respondent present (ex parte), typically lasting 14 to 21 days.
- Interim Order of Protection: A shorter bridge order used once the respondent has notice but before a full hearing.
- Plenary Order of Protection: Issued after a full hearing where both sides present evidence. A plenary order can last up to two years and may be renewed.
What an Order of Protection Can Do
- Prohibit further abuse, harassment, stalking, or intimidation
- Order the respondent to stay away from your home, work, or school
- Grant exclusive possession of a shared residence
- Address temporary custody (allocation of parental responsibilities) and parenting time
- Prohibit contact and require the surrender of firearms and FOID card
Seeking an Order of Protection
If you need protection, we help you prepare a detailed petition, gather supporting evidence such as messages, photos, and police reports, and present your case at the plenary hearing. A plenary order is only entered if abuse is proven by a preponderance of the evidence, so preparation is essential. If you are ready to move forward, you can schedule a consultation with our team.
Defending Against an Order of Protection
An order of protection in Illinois can result in removal from your home, loss of parenting time, mandatory surrender of firearms and your FOID card, and a record that can affect employment and custody. If a petition has been filed against you, we help you respond, present evidence, cross-examine, and defend at the plenary hearing. Never ignore an emergency order or a scheduled hearing date, as a violation is a crime.
Chicago and Cook County Courts
In Chicago, domestic relations petitions for orders of protection are generally heard at the Domestic Violence Courthouse in Cook County, with additional suburban district courthouses throughout the county.
Talk to a Chicago Orders of Protection Attorney
Whether you are seeking protection or defending against a petition, hearings often move quickly and the outcome can affect your family and your rights for years. Contact Hunsinger Law Group, LLC to schedule a consultation.