You can protect yourself and your children from domestic abuse by obtaining an Order of Protection. The steps involved in getting an Order of Protection are as follows:Review the "Common Questions" to understand whether you can get an Order of Protection, how can you get the Order and what relief you can get in the Order.Complete and file the forms to obtain an Order of Protection with the office of the Court Clerk in your county.Present yourself before the judge and answer his questions.The Sheriff will serve the court papers and the Emergency order, if granted, on the respondent abuser and will ask him to appear in court on the set date.Go to court on the set date and present your case to the judge.Click on words that appear like 'this' to learn what these words mean.]]> Select from the list below:]]> What is domestic abuse?Domestic abuse, also known as domestic violence, can be physical abuse. It can also mean intimidation of your children, interference with your personal liberty, willful deprivation, or harassment. Harassment includes stalking, improperly concealing your minor child from you, and threatening to use force.]]>How do I stop the abuse?Under Illinois law, as a victim of domestic abuse, you can request the court to grant you an Order of Protection to stop the abuse.]]>What is an Order of Protection?An Order of Protection is a written order made by a judge to stop further domestic abuse. It may order your abuser to stay away from you or may also order the abuser to leave the home. You may also ask the judge for other remedies, such as protection for your children. When you request an Order of Protection, you are known as the petitioner. The person against whom you want the Order, i.e. the abuser, is known as the respondent. To learn more about preparing your case, see the information under "Related Articles."]]>How do I get an Order of Protection?You can get an Order of Protection by filing a Petition for an Order of Protection in a civil court. If you go to a civil court, the domestic abuser will not be arrested or sentenced to jail.You can also report the domestic abuse to the police. The State's Attorney may bring criminal charges against the abuser. The State's Attorney can then get an Order of Protection for you in the criminal court. You can also make a police report about the domestic abuse even if you do not want to press criminal charges against the abuser.There is no fee charged for an Order of Protection.]]>What factors will the court consider when deciding if I can get an Order of Protection?The court will consider whatever information you can give them about the abuse. However, it will only consider the details you put in your petition for an Order of Protection. When you are writing your petition, you should include as many details as possible. You should be sure to include details about all of the acts of abuse or hardship that you can remember.]]>Do I have to give my home address when I request an Order of Protection?No. Under the Illinois Domestic Violence Act, if you feel that disclosing your home address will put you or any members of your household at a risk of abuse, your address can be omitted from the court papers. You must provide another address in case the respondent needs to mail you a notice of motion in the case. If in the petition you do not request that your home address be omitted, it will be listed on the court papers that the respondent gets.]]>How long does an Order of Protection last?The time period for which an Order of Protection lasts depends on the type of order. There are three types of orders:Emergency Order of Protection: The court may issue this order on the same day you file the petition. The emergency order lasts for 14 to 21 days. The judge may give this order before the respondent has received any notice in the case;Interim Order of Protection: The judge may enter an interim order after the respondent has been served or if diligent attempts have been made to serve the respondent. This order may last for up to 30 days; Plenary Order of Protection: A plenary order may last for up to two years.]]>How will the abuser get notice of the petition?The Sheriff serves the court papers on the abuser (respondent) soon after you have filed the petition. If the judge has granted an Emergency Order of Protection, the sheriff will serve that order on the respondent. The respondent must obey the order as soon as he is served or knows about the order.If you cannot find the respondent to serve him, you may serve the respondent through publication and obtain a two year Plenary Order.]]>What can I ask for in my Order of Protection?There are many things that you can ask the judge to give you as part of your Order of Protection. These are known as remedies. You can choose the remedies that fit your situation to keep yourself and your children safe from further harm. Some of the remedies that you can ask for in your Order of Protection are:Stopping further domestic abuseAsking the abuser to leave the homeAsking the abuser to pay for housing and living expensesGetting custody of your children andGetting child support and maintenance for yourselfHowever, if the abuser is not present, you won't be able to get any remedies that require him to pay you money.To learn about what remedies you can ask from the court, see the information under "Related Articles."]]>How do I choose my remedies?The Petition for Order of Protection lists the remedies that are available to you. The petition that you fill out is the same for a Plenary Order and an Emergency Order. There is also a section where you can write in a remedy that is not a part of the standard petition form. You must ask for all the remedies you need right in the beginning. Once you have filed your petition, it is much harder to change the petition to ask for more remedies than to ask for fewer remedies.At the hearing you can tell the judge if you do not want a specific remedy. But if you want extra remedies after you have already appeared in front of the judge for your Emergency Order of Protection, you will have to write a motion to modify your petition and give the respondent at least one week notice of the changes. ]]>Will I get all the remedies that I ask for?It is up to the judge to decide which remedies you will receive. It is important that you think about what you really need before the hearing so that if the judge asks you why you need a certain remedy you have an answer. Also, if the other party (the abuser) comes to court and says that you do not need a remedy, you need to be able to argue why you do need the remedy.]]>Can I still get all of the remedies available if I have to serve the abuser through publication?No. If you have to serve the Order of Protection through publication you will not be able to get any remedy that requires the abuser to pay money. These remedies include child support, maintenance, medical bills, and payment for living expenses.]]>What happens to my children if I get an Order of Protection?The judge may grant you temporary custody of your children. The court may also restrict or deny the respondent's visitation if the respondent has done or is likely to do any of the following:Abuse or endanger the children during visitationUse visitation as an opportunity to abuse or harass you and your family membersImproperly conceal or keep the children orAct in a manner that is not in the best interests of the childrenThe court may order the respondent not to come to your home to meet the children for visitation. The court may require the respondent to meet the children at an alternative place. The judge will consider restrictions on visitation only if you make the request in your petition.]]>What happens if my abuser violates the Order of Protection?The court may order your abuser to be placed in jail or order him to pay a fine for any violation of an Order of Protection. If the respondent (your abuser) does not obey the order, you should call the police. The police may enforce both civil and criminal Orders of Protection.]]>What happens once my Order of Protection expires?As mentioned in the earlier question, a Plenary Order of Protection is valid for up to two years from the date it is entered. If you want to extend the Order of Protection after the two years are over, you will have to file a petition in court for the extension and also give the respondent a notice of the hearing to extend the Order.When requesting for an extension, you will have to show the court that you have some reason to believe that you will continue to need the protection. This may be difficult to show if the respondent has obeyed the Order and not violated it. But sometimes, you may be able to get a third party to come to court and say that the respondent is planning to harm or abuse you once the Order of Protection expires.If an extension is granted, it will be granted for up to two more years.]]>Can I still get an Order of Protection if my abuser has been arrested?Yes. If your abuser is in jail or has been arrested for domestic battery, you can ask the State's Attorney to request a bond condition. Before your abuser is released from jail, he or she will have to post a bond. When he posts the bond, the judge may require that he stay away from you as a condition for his release from jail. If your abuser violates that condition and comes near you, he can be arrested and returned to jail while he waits for trial on the domestic battery charge. ]]>Can I get an Order of Protection if I am in the process of divorcing my abuser?Yes. You can ask for an Order of Protection as part of your divorce order.]]> You may use these forms and instructions to help you solve your problem. To find out where to file court forms and if there are any fees to file the forms, check with your county Circuit Clerk. To find out how to contact your Circuit Clerk, visit the Illinois Courts' website.]]>4833index.cfm?fuseaction=home.dsp_content&contentID=4833Summons4821index.cfm?fuseaction=home.dsp_content&contentID=4821Petition for Order of Protection4832index.cfm?fuseaction=home.dsp_content&contentID=4832Emergency Order of Protection988index.cfm?fuseaction=home.dsp_content&contentID=988Domestic Relations Cover Sheet5922index.cfm?fuseaction=home.dsp_content&contentID=5922Order of Protection WizardClick on this link to go to an interview that will automatically prepare your forms for you. Please answer the interview questions accurately and carefully to make sure that your forms will be correct.5896index.cfm?fuseaction=home.dsp_content&contentID=5896Information Checklist for the Illinois Order of Protection InterviewPlease review this checklist before beginning the Order of Protection Interview below.5178index.cfm?fuseaction=home.dsp_content&contentID=5178Order of Protection DocumentsClick on this link to go to an interview that will automatically prepare your forms for you. Please answer the interview questions accurately and carefully to make sure that your forms will be correct. You may then print the forms.Listed below are other articles that you may find helpful.Note: You may leave this page when you click on a link below.]]>5897index.cfm?fuseaction=home.dsp_content&contentID=5897How to Get an Order of Protection Video5815index.cfm?fuseaction=home.dsp_content&contentID=5815What Can I Ask the Court to Do to Protect Me from Domestic Violence?975index.cfm?fuseaction=home.dsp_content&contentID=975How to Prepare Your Case to Get an Order of Protection in Cook County1773index.cfm?fuseaction=home.dsp_content&contentID=1773How Do I Get Visitation Rights to Visit a Child?5005index.cfm?fuseaction=home.dsp_content&contentID=5005How Do I Get Custody of a Child?5394index.cfm?fuseaction=home.dsp_content&contentID=5394Going to Court on Your Own Video2020index.cfm?fuseaction=home.dsp_content&contentID=2020Safety Plan for Domestic Violence Victims