Family & Safety

An Order of Protection A document from a judge that tells an abuser to stop further domestic abuse, or face penalties is a court order made by a judge that is designed to protect a survivor of domestic violence Harm by one household or family member against another household or family member. Harm may be an emotional, mental, or physical injury against their abuser by prohibiting certain abusive behavior. This is also known as a restraining order.

There are three types that can be used together to protect a survivor:

• A plenary Order of Protection (POP) is an order that can be in place for up to two years. It can be granted after a hearing When the parties in a case present their sides of a case to a judge or other officer with the judge where the abuser is notified and given an opportunity to come.
• An Emergency Order of Protection (EOP) is a temporary order that can last up to three weeks. It is designed to provide immediate protection, especially in a time between when the abuser is notified of the petition (noun) A written request to a court (verb) To request from a court for the POP and the hearing. A judge can grant this after a hearing where the abuser does not need to be notified or present.
• An Interim Order A temporary order telling a person to do something until a hearing or trial. At the trial, a final order will be made. of Protection is a temporary order that can last up to 30 days. It is designed to provide immediate protection, especially in a time between when the abuser is notified of the petition for the POP and the hearing. A judge can grant this after a hearing where the abuser does not need to be notified or present.

Read more about Orders of Protection.

If there is an Order of Protection (either a plenary order or an emergency order) in place and the abuser (respondent) A person who has a petition filed against them is not following it, the survivor has the right to make a police report When a police officer writes a description of what happened at an accident and seek criminal charges against the abuser for violating the order. The survivor can call 911 and show the police the Order of Protection when they arrive. If the police find the abuser has violated the Order of Protection or committed Includes juveniles in placement in the facility as part of a court order. a crime against protected parties listed in the order (which may include other household members such as children), they may send the report to the state’s attorney office. The state’s attorney office will decide whether to file charges against the abuser for violating the Order of Protection.

A survivor also has the right to go to court and enforce Taking legal steps to make someone do what the court tells them to do the Order of Protection themselves. They may opt to do this instead of calling the police because:

• They do not want to involve the police or the state’s attorney office
• The survivor called the police, but the state’s attorney office decided not to bring charges against the abuser, or
• The violation of the Order of Protection is not a crime.

It is important to get a lawyer’s Someone who represents clients in courts or who gives legal advice help with this process if possible. Learn more about Enforcing a domestic violence Order of Protection.

Yes.  In Illinois, violating an Order of Protection A document from a judge that tells an abuser to stop further domestic abuse, or face penalties can be a Class A misdemeanor. A lesser crime punishable by a fine or confinement in county jail for up to one year.  A second or subsequent offense can be a Class 4 felony. A serious crime that is punishable by more than one year in prison

Yes, the survivor (petitioner) A person who makes a written request to a court can still report the violation of an Order of Protection A document from a judge that tells an abuser to stop further domestic abuse, or face penalties even if the abuser (respondent) A person who has a petition filed against them has physically left. The survivor can also report a violation of an Order of Protection when the abuser was not physically present. The survivor can provide any evidence Anything used to show that something is true of the violation to the police, such as a security camera video or text message.

As soon as the Order of Protection A document from a judge that tells an abuser to stop further domestic abuse, or face penalties is signed by the judge, it is enforceable.

If an abuser is convicted of a crime for violating an Order of Protection A document from a judge that tells an abuser to stop further domestic abuse, or face penalties in criminal court or is found in Contempt of Court When someone violates a court order or disrespects the court in civil or criminal court, they may face the following consequences:

• Jail time,
• Payment of restitution to the survivor,
• Fines,
• Payment of attorney fees and court costs, The fees for going to court, including filing, serving, and getting transcripts
• Community Service,
• Supervision, or
• Criminal record.

Yes. The Illinois Order of Protection A document from a judge that tells an abuser to stop further domestic abuse, or face penalties is enforceable in other states. Some states may require survivors to “register” the Order of Protection in the state to enforce Taking legal steps to make someone do what the court tells them to do the order. It is recommended to contact a lawyer Someone who represents clients in courts or who gives legal advice or a court of a new state if the survivor plans to move to another state or spends significant time in a state to determine what steps that state requires in order to enforce an order of another state. 

Yes. A domestic violence Harm by one household or family member against another household or family member. Harm may be an emotional, mental, or physical injury protective order from another state is enforceable in Illinois. To alert Illinois law enforcement authorities of the existence of an Order of Protection A document from a judge that tells an abuser to stop further domestic abuse, or face penalties from another state, the survivor should bring a certified copy A copy of a document that can be used instead of the original because an official has approved it as a true and accurate copy by signing it. of their order to their local Illinois courthouse. A certified copy of the order can be obtained by contacting the clerk of the other state’s court. Once the certified copy is filed in Illinois, Illinois law enforcement will be notified. 

A domestic violence survivor may want to get a lawyer Someone who represents clients in courts or who gives legal advice or a domestic violence victim organization to help them enforce Taking legal steps to make someone do what the court tells them to do an Order of Protection, A document from a judge that tells an abuser to stop further domestic abuse, or face penalties as it can be more complicated.

You can use Get Legal Help to find a free legal aid organization or private lawyer near you. You can also read Illinois Coalition Against Sexual Assault’s When a person commits an act of sexual penetration by force or threat of force. Done without the consent of the victim. This includes when the victim cannot give consent. Illinois Legal Aid Resources for Sexual and Domestic Violence Survivors and the Illinois Coalition Against Domestic Violence’s domestic violence victim service agency directory.