Family & Safety
Worried about doing this on your own? You may be able to get free legal help.
If there is an Order of Protection in place and your abuser has violated it, you have two options. First, you can call the police, request to make a police report , and ask to speak to the State’s Attorney to pursue criminal charges against the abuser. Second, you can enforce the order by going to civil court . Learn more about Enforcing a domestic violence Order of Protection common questions.
If you opt to go to court to enforce the order, it is recommended that you get a lawyer to help you. You can use Get Legal Help to find a free legal aid organization or a private lawyer nearby. The 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 also have referrals for lawyers who can help.
If you decide to go to civil court to enforce the order without a lawyer:
To start the case to enforce the Order of Protection , you must file a Petition for Rule to Show Cause . To complete this petition, you must:
- Provide a signed affidavit
that explains why you think the abuser violated the Order of Protection:
- List the specific provision(s) of the Order of Protection that the abuser did not follow (for example, some Orders of Protection order the abuser to have no contact by any means);
- Explain what exactly the abuser did that violated the Order of Protection and provide evidence (for example, text messages); and
- Explain how the violation of the Order of Protection affects you.
- Include a copy of the Order of Protection that was violated.
If you are filing in a county with more than 250,000 people, you may have the option to attend the hearing remotely. You can check the county court website for details.
You must give legal notice to the abuser via a form. This will notify the abuser that you filed the Petition for Rule to Show Cause . The judge will order the abuser to come to court and prove that they are not in contempt. The notice must include the date, time, and location of the hearing . Do not personally contact the abuser other than to give them legal notice via email or mail.
The abuser will have a chance to go to a court hearing and tell their side of the story. If the abuser does not show up in court after receiving notice, the judge may decide to issue a ruling anyway. If the judge agrees with you, they can punish the abuser. The type of punishment depends on the violation, but can include:
- An order to stay away from certain locations,
- Legal fees, and
- Jail time.
