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Date: 09/13/2025

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  2. Family & Safety
  3. Protection from abuse
  4. Responding to a domestic violence Order of Protection case

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Responding to a domestic violence Order of Protection case How-To
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When an Order of Protection petition (noun) A written request to a court (verb) To request from a court is filed by a reporting party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. alleging domestic violence Harm by one household or family member against another household or family member. Harm may be an emotional, mental, or physical injury (petitioner A person who makes a written request to a court ), the alleged abuser (respondent A person who has a petition filed against them ) must receive notice of the case and information about the upcoming hearing When the parties in a case present their sides of a case to a judge or other officer . Learn more about Responding to an Order of Protection case common questions.

The respondent should carefully review the documents they receive, including:

  • The Petition for Order of Protection 
  • The Emergency Order of Protection  (if one was obtained), and
  • Any supporting statements and accusations

The Petition for Order of Protection is what the petitioner is asking the judge to grant at the upcoming hearing. The Emergency Order of Protection, however, has been granted if the respondent is receiving it. The judge can grant this without a hearing where the respondent is present. The respondent must immediately follow the Emergency Order of Protection, or they may be subject to criminal charges, fines, or jail time. 

The order will give the reasons why the judge granted it. It will list:

  • Exactly what the respondent is prohibited from doing (for example, not contacting someone, not posting about someone, not being permitted at a residence, etc).
  • A future court date, usually in a week or two, and whether that court date is in person or via Zoom.

If the respondent wants a quicker court date, they can go to court and file a Petition to Rehear the Emergency Order of Protection. This will get a court date much sooner.

At this point, the respondent has two options:

Option 1: Do not go to court

The alleged abuser (respondent A person who has a petition filed against them ) can choose to do nothing if they have received notice that the reporting party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. (petitioner A person who makes a written request to a court ) has filed for an Order of Protection A document from a judge that tells an abuser to stop further domestic abuse, or face penalties against them. They can decide whether or not to go to the court date and argue their side. It is not against the law not to show up.

However, if the respondent does not attend the court hearing When the parties in a case present their sides of a case to a judge or other officer , then the judge will decide the case based only on what the petitioner says. The respondent will still have to follow the final Order of Protection decided in the case, even if they did not go to the hearing.

Option 2: Respond to the court papers and participate in the court case

Go to court

The alleged abuser (respondent A person who has a petition filed against them ) can show up in court on the date mentioned in the papers they received. On that date, the respondent can tell the judge if they are willing to agree to the Order of Protection A document from a judge that tells an abuser to stop further domestic abuse, or face penalties or not. Sometimes, the respondent is willing to agree to the Order of Protection if certain changes are made to the order. The respondent can let the judge know this, and the judge can ask the reporting party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. (petitioner A person who makes a written request to a court ) if they agree or not.

The respondent can also tell the judge they plan to hire a lawyer Someone who represents clients in courts or who gives legal advice and ask for more time to do so.

Tell their side of the story

If the alleged abuser (respondent A person who has a petition filed against them ) does not agree to the Order of Protection A document from a judge that tells an abuser to stop further domestic abuse, or face penalties the case will be scheduled for a hearing When the parties in a case present their sides of a case to a judge or other officer . At the hearing, the reporting party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. (petitioner A person who makes a written request to a court ) and the respondent will tell their sides of the story to the judge. The petitioner will go first, testifying about the abuse to show that the Order of Protection is needed. After the petitioner is done, the respondent will have a chance to present their side of the story.  The respondent can bring evidence Anything used to show that something is true such as witnesses, text messages, and voicemails to support their testimony Evidence given orally by witnesses .

There is no right to a jury trial A trial decided by a judge and a jury or to a lawyer Someone who represents clients in courts or who gives legal advice in this type of case.

Wait for the decision

After hearing When the parties in a case present their sides of a case to a judge or other officer both sides, the judge will decide whether or not to grant a Plenary Order of Protection A long-term order granted by a judge telling an abuser to stop further domestic abuse. Done after both parties had a chance to present their case. against the alleged abuser (respondent A person who has a petition filed against them ), which can last up to two years. The judge may do this right away, or may make a decision after a break. The break could take only a few hours or it could take up to a few weeks.

While waiting for a decision by the judge, the reporting party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. (petitioner A person who makes a written request to a court ) can ask the judge to extend the existing Emergency Order of Protection A document from a judge that tells an abuser to stop further domestic abuse, or face penalties or 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. If granted, the respondent will have to continue following the order.
 

Last full review by a subject matter expert
April 08, 2025
Last revised by staff
May 04, 2025

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Responding to a domestic violence Order of Protection case common questions

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Responding to a domestic violence Order of Protection case common questions
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© 2025 Illinois Legal Aid Online. 
All rights reserved.
 
ILAO is a registered 501(c)(3) nonprofit organization. ILAO's tax identification number is 20-2917133.