Family & Safety

An Order of Protection is a court order made by a judge that is designed to protect a survivor of domestic violence, family violence, dating violence, or intimate partner violence from their abuser by prohibiting certain abusive behavior. This is also known as a protective order. Essentially, an Order of Protection makes what are typically “legal” actions (texting someone, messaging them on social media, going to their place of employment) become “illegal.” If an abuser violates an Order of Protection after they receive notice, there are potential criminal consequences. 

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

• 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 an incident of abuse occurs, forcing someone to file a petition, and when the abuser is notified of the petition for the plenary Order of Protection, and all the protections become enforceable by the police. A judge can grant this after a hearing where the abuser does not need to be notified or present.
• An Interim Order 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.
• 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 with the judge, where the abuser is notified and given an opportunity to appear in court. 

A domestic violence survivor can file the request for both the POP and EOP at the same time. All of these orders can be renewed.

It is important to know these are civil orders. There are also Criminal Orders of Protection that may be given during criminal cases. If the survivor is a complaining witness in a pending domestic violence criminal case, they should speak to the State’s Attorney about a Criminal Order of Protection.

In Illinois, the survivor asking for the Order of Protection is known as the "Petitioner." The following people can petition for an Order of Protection:

• Any person abused by a family or household member,
• Any high-risk adult with a disability who is abused, neglected, or exploited by a family or household member,
• Any minor child or dependent adult in the care of the abuser, and
• Any person residing or employed at a private or public shelter that is housing an abused family or household member.

Additionally, if a person is abused by a family or household member of a child, then these people can also petition for an Order of Protection:

• A foster parent of that child, if the child has been placed in the foster parent's home by the Department of Children and Family Services or another agency,
• A guardian or custodian,
• An adoptive parent, or
• A prospective adoptive parent of that child, if the child has been placed in the prospective parent's home.

If a survivor is not eligible for an Order of Protection due to the above criteria, they should look at eligibility for a sexual assault Civil No Contact Order or Stalking No Contact Order.

In Illinois, the abuser who has a petition for an Order of Protection filed against them is called the "Respondent." This can include:

• Spouses or former spouses;
• Parents or children;
• Stepparents or stepchildren;
• Other persons related by blood or by present or prior marriage
• People who share or formerly shared the same home or unit (not neighbors who live in the same building);
• Ex-partners, meaning people who dated or were engaged, including same-sex couples;
• People who have a child in common or allegedly have a child in common;
• People with disabilities against their assistants or caretakers;
• Foster parents;
• Adoptive parents or prospective adoptive parents; or
• Court-appointed guardians or custodians.

In Illinois, an Order of Protection must be filed in the county where:

• The survivor lives,
• The abuser lives,
• The abusive events happened, or
• Where the survivor is temporarily staying to avoid further abuse.

If eligible to file in more than one county, the survivor can choose the location that is safest and most convenient to them.

There is no fee to file a petition for an Order of Protection in Illinois.

In an Order of Protection, the judge can order that the abuser:

• Stop abusive acts;
• Stay away from the survivor and other people protected by the order;
• Stop contacting the survivor via telephone calls, mail, email, written notes, or third parties;
• Stay away from the survivor's home, school, or work;
• Attend counseling;
• Refrain from viewing the phone records of the survivor  or any minor child in the survivor’s custody;
• Return or stay away from the property; and
• Move out of the home they share with the survivor.

Yes. Currently, Illinois law allows domestic violence survivors to ask for the removal of the abuser’s (respondent) firearms and firearm parts, the Firearm Owner’s Identification Card (FOID), and concealed carry license in the petition for an Order of Protection (OP). 

On May 11, 2025, a new law called Karina’s Law goes into effect in Illinois. This new law requires that the firearms, firearm parts, FOID, and concealed carry license be turned over to law enforcement at the time they are served with the OP or within 24 hours if the abuser does not have this with them. The new law also allows survivors to ask more specifically for a search warrant in the OP so that law enforcement can take these items from the abuser and store them.  Law enforcement must then do the search and removal within 96 hours if there has been a domestic violence report made to local law enforcement in the previous 90 days. If there has not been one, then law enforcement will have 48 hours to evaluate the warrant and ask for any corrections. If changes are made, law enforcement will then have 96 hours from that change to execute the warrant and make the removals.

In order for the judge to grant an Order of Protection, the survivor must prove, by a more likely than not (or a preponderance of the evidence) standard, that: 

• They have the required by law relationship with the Respondent and
• That abuse (physical, emotional, verbal, financial, sexual, etc.) has occurred 

A person can ask for an Order of Protection by:

• Contacting a local domestic violence program and asking for help. To locate the nearest program, call the State of Illinois Domestic Violence Helpline at (877) 863-6338 or find a domestic violence agency by city.
• Filing a civil court petition themselves online or by going to their local circuit clerk's office to file a petition on their own in civil court. Most courthouses have domestic violence advocates who offer free legal help to file a case.
• Asking a lawyer to file a request for an Order of Protection in court or as part of an existing case, like a divorce.
• Requesting a Criminal Order of Protection if criminal charges are filed by the state's attorney.

If a domestic violence survivor opts to file the petition for an Order of Protection themselves, they can use the statewide Order of Protection Easy Form program to complete the forms and then either e-file the form or file it in person. Fillable PDFs can also be found on the Illinois Courts website.  Learn more about Starting a case to get a domestic violence Order of Protection.

Some counties in Illinois also have other options, in addition to the above programs:

• Boone, DeKalb, DuPage, Grundy, Kendall, Lake, LaSalle, McHenry, Stephenson, Will, and Winnebago counties: make and e-file forms using the Protective Order System
• Cook County: the Order of Protection Easy Form program can be used to generate both emergency and plenary forms. However, if an Emergency Order of Protection is immediately needed outside regular business hours, then the Emergency Order of Protection in Cook County form must be used. The form can be emailed to the court clerk either during the after-hours times or in the hour before it opens, and a remote hearing will be scheduled. After-hours program court clerks and judges are available:
  • Monday to Friday: 9:00 pm through 3:00 am and
  • Saturday and Sunday: 1:00 pm through 6:00 pm

No. A police report is not required to file a petition for an Order of Protection.

However, beginning May 11, 2025, a new law called Karina’s Law will go into effect. This new law allows law enforcement to use a search warrant to remove and store an abuser’s (respondent) firearms, guns, firearm parts, Firearm Owner’s Identification (FOID) card, and concealed carry license. If there has been a domestic violence report made to local law enforcement within the last 90 days, then law enforcement will have 96 hours to do the search and removal. If there has not been a report in the last 90 days, law enforcement will then have 48 hours to evaluate the warrant and ask for corrections. If changes are made, then law enforcement will have 96 hours from that correction to do the search.

Yes. When you are filing for a Petition for Order of Protection, the Illinois Domestic Violence Act specifically states that if disclosure of the survivor’s address would risk abuse of the survivor or any member of their family or household or reveal the confidential address of a shelter for domestic violence victims, the address may be omitted from all documents filed with the court. If a survivor omits their personal address, they must provide an alternate address for the abuser to send notice of any motions. 

Further, survivors may consider enrolling in the Illinois Address Confidentiality Program (ACP), which is a program offered through the Illinois Attorney General’s office. This program works with survivors of domestic violence, sexual assault, human trafficking, or stalking to provide a substitute address they can use instead of their real home, work, or school address. It is also a mail forwarding system, where mail sent to the substitute address is sent to the survivor’s real address. 

If the domestic violence survivor and abuser share a child, read more about what an Order of Protection can provide in “How can domestic violence survivors keep their children safe if the survivor is being abused by the other parent?”

In Cook County, a survivor may request to speak with a child relief expediter - or a child mediator - who can help a survivor and abuser create a safe and stable parenting plan. 

If the domestic violence survivor and abuser live in the same house, read more about what an Order of Protection can do in  “Can a domestic violence survivor remain in their house and force the abuser to move out?”

If the domestic violence survivor and abuser share a pet together, read more about what an Order of Protection can do in “How can a survivor of domestic violence keep their pets safe?”
 

Yes, the survivor can still contact the abuser if an Order of Protection is granted because the order only affects the abuser’s actions and not the survivor’s. However, such contacts may have unintended results. The judge may have concerns about the survivor’s reasons for getting the order and whether they really need the court's protection. Later, it may affect the judge’s decision to grant the survivor’s request to extend the Order of Protection.

In some cases, a survivor and an abuser can agree to modify an Order of Protection to permit limited communication. For example, a survivor may want to permit communication only via text message concerning the topic of shared children.

Applying for an Order of Protection may affect a criminal case against the abuser. The petition a survivor files or the testimony they give at a final hearing is additional testimony that may be used in the future if the survivor must testify in the criminal case. 

If there is a pending criminal case, the survivor should reach out to their Victim’s Witness Advocate or the State’s Attorney handling their case and discuss whether they would qualify for a Criminal Order of Protection through the criminal case.  

Yes. Physical abuse is not required for an Order of Protection. 
 

Yes. A survivor may get an Order of Protection for abuse that happened a long time ago. However, the judge may decide to not grant an Emergency Order of Protection. 
 

Yes, an Order of Protection can be ordered against someone under the age of 18.

In order for a judge to grant a plenary Order of Protection (POP), the abuser must be notified of the petition and given an opportunity to attend a hearing. In the time period between filing the petition for the POP and this hearing, a survivor can request an Emergency Order of Protection (EOP), sometimes called a temporary restraining order. The EOP can be granted by a judge without a hearing with the abuser present and can provide protection for the survivor for up to three weeks. A judge is more likely to grant an EOP if the last incident of abuse happened more recently. 

This EOP petition can be filed at the same time as the POP and can be requested outside of regular court orders if the survivor is in immediate danger. Each county has a judge who is “on-call” and can grant or deny the petition by phone if necessary.

Note that in Cook county, the Emergency Order of Protection in Cook County form must be used if the survivor wants an immediate EOP outside of regular business hours. The form can be emailed to the court clerk either during the after-hours times or in the hour before it opens, and a remote hearing will be scheduled. After-hours court clerks and judges are available:

• Monday to Friday: 9:00 pm through 3:00 am and
• Saturday and Sunday: 1:00 pm through 6:00 pm

If an Emergency Order of Protection (EOP) is not granted by a judge, the survivor can still move forward with their request for a plenary Order of Protection (POP). However, the survivor may want to consider withdrawing the request for the POP because the abuser will be notified of the POP hearing, and there will be no EOP to protect the survivor before the hearing. It is highly recommended that the survivor speak with a domestic violence organization or legal aid in such a situation.
 

For a domestic violence Order of Protection (OP), the law allows for another type of order called an interim order in addition to the emergency order and plenary order.  If the abuser (respondent) has been served notice of the petition and upcoming hearing for the OP, or if there have been attempts, the judge can grant a 30-day Interim Order of Protection.
 

Once the plenary Order of Protection is granted, the local sheriff needs to serve the abuser. If the abuser is in court, they will be served immediately before the judge and upon entry of the plenary Order of Protection. If the abuser is not in court, the local sheriff will attempt to serve the abuser.  

A survivor should, if comfortable, notify relevant individuals of their Order of Protection. This may include: 

• Any protected parties or household members;
• Their employer;
• Their children’s school;
• Their children’s daycare;
• Their local police to confirm the Order is on record with them. 

A survivor should keep a copy with them at all times. If an abuser violates the Order of Protection, a survivor should and can report the violation to the police. 

Yes. If the survivor is still afraid of the abuser when the Order of Protection is scheduled to end, they can ask the judge to extend the order. This must be done before it expires. The survivor will need to go to court a few weeks before it ends and file a Motion to Extend the protective order. The clerk will set a court date, and the survivor will have to send the abuser a copy of the motion. When the survivor returns to court, the judge will decide whether to extend the protective order.

Learn more about preparing, filing, and presenting motions in court.

Either person in an Order of Protection case can file a Motion to Modify (change) or a Motion to Terminate (end) the protective order. The clerk will set a court date for the person asking for the change to appear and present it to the judge. The person asking for the change will have to send the other person a copy of the motion. At the court hearing, the judge will decide whether to modify or terminate the order. Learn more about preparing, filing, and presenting motions in court.

The survivor should not feel pressure to change or end an Order of Protection if they do not want to. For help with deciding what to do, they can call the Illinois Domestic Violence Helpline at (877) 863-6338.

If a survivor decides to modify or terminate the Order of Protection, the previously prohibited actions will now be allowed. If a survivor continues to terminate orders after their entry, it may affect whether a judge decides to issue a protective order in the future. 

Learn more about Enforcing a domestic violence Order of Protection.

The Illinois Domestic Violence Act of 1986 can be found at 750 ILCS 60/ and contains information about both the plenary Order of Protection (POP) and Emergency Order of Protection (EOP). For more information and forms to file a POP and EOP, read Starting a case to get an Order of Protection.

A domestic violence survivor may want to get a lawyer or a domestic violence victim advocate organization to help them navigate the legal process, including obtaining an Order of Protection and safety planning.

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 Illinois Legal Aid Resources for Sexual and Domestic Violence Survivors and the Illinois Coalition Against Domestic Violence’s domestic violence victim service agency directory.