Family & Safety
Worried about doing this on your own? You may be able to get free legal help.
In Illinois, an employer can, on their own, file a Workplace Protection Restraining Order against an abuser for an employee who is the survivor of domestic violence if they are concerned that violence will take place in the workplace. Learn more about Getting a Workplace Protection Restraining Order for an Employee basics.
You will need to fill out the following forms and make three copies of each:
- Petition and Affidavit for an Emergency Workplace Protection Restraining Order: Tells the judge why you are asking for the Restraining Order
- Summons: Tells the abuser (respondent) about the case
- Workplace Protection Restraining Order: This is the document the judge will sign if your petition is granted.
You should ask the circuit clerk in the county they are filing in if they have copies of the forms, or check their websites. If they don't, you will have to talk to a lawyer to file this type of case.
Now that you have filled out your forms, you need to file them with the clerk. The way to do that depends on the county where you are filing.
Now that you have filled out your court forms, file your documents online via e-filing, or in person, if you qualify for an exemption from the Illinois e-filing mandate. If you do not have access to a computer or a scanner, you can use a public terminal to e-file your forms at the courthouse. See E-Filing Basics for more information.
The clerk will take the court documents to the county sheriff's office. The sheriff will serve the petition and summons to the abuser, along with the Emergency Order, if one was granted. The sheriff will charge a fee to deliver a copy of the court papers to the respondent. If you cannot afford to pay the fee, you can learn more about filing court papers for free.
Go to the court date. After a hearing, the judge will decide whether or not your petition should be granted.
A survivor of domestic violence cannot be ordered to appear in court or testify in this type of case. However, the employee survivor can voluntarily testify if they want to. If the judge decides that testifying might cause the employee survivor distress, the employee survivor can testify in the judge's chambers.
If the abuser does not come to court, the judge may decide to go forward with the hearing and issue a plenary order. The judge may also decide to continue the case and reschedule the hearing.
If the judge enters a Workplace Protection Restraining Order and the abuser violates the order, the employer will have to go back to court to ask the judge to sanction (punish) the abuser until they obey and follow the order. They can do this by filing a Petition for a Rule to Show Cause.
