Orders of Protection in Illinois
Guide last updated: April 17, 2026. Hazard class: safety. Civic education by a Concerned Parent.
If you are in immediate danger, call 911. For a safe place to talk: National Domestic Violence Hotline 1-800-799-7233 (24/7, confidential). RAINN for sexual violence: 1-800-656-4673.
This guide is civic information, not legal advice. An order of protection is a legal tool that works best with a safety plan and professional support. Consult a domestic violence advocate or attorney.
The short version
An order of protection (commonly called a "restraining order") is a civil court order that tells an abuser to stay away from you, stop contacting you, and can grant other specific remedies — including temporary custody of children, exclusive use of a shared home, and possession of personal property. Illinois has three types: emergency (for immediate protection), interim, and plenary (final). Orders can include other household members too.
Three types of orders of protection
Emergency Order of Protection (EOP)
Obtained on the same day, without the abuser present. Lasts up to 21 days. Requires showing that there is an immediate and present danger of abuse. Filed ex parte — the abuser does not attend or know about the hearing. Once served on the abuser, it is immediately enforceable.
Interim Order of Protection
Granted between the EOP and the plenary hearing if more time is needed to serve the respondent or prepare for the final hearing. Lasts up to 30 days. Notice to the abuser is required.
Plenary Order of Protection
The final order. Obtained after a full court hearing where the abuser has been notified and can attend. Can last up to 2 years (extendable). Requires preponderance of evidence that abuse has occurred.
What an order of protection can do
Illinois's Domestic Violence Act gives courts broad authority. An order can include:
- Prohibition of abuse, harassment, interference with personal liberty
- Stay-away from the survivor's home, workplace, school, and other specific places
- No contact — no calls, texts, emails, social media, or through third parties
- Surrender of firearms — federal law (and Illinois) prohibits possession of firearms by someone subject to an order
- Exclusive possession of shared residence — the abuser must leave
- Temporary custody of children
- Visitation arrangements including supervised visitation if needed
- Temporary child support and maintenance
- Possession of personal property — cars, phones, documents
- Counseling or treatment requirements for the abuser
- Any other relief the court finds necessary
Who can get an order of protection
The Illinois Domestic Violence Act covers abuse in "family or household" relationships:
- Spouses and former spouses
- Parents, children, stepchildren, other blood relatives
- People who share or formerly shared a residence
- People with a child in common
- People in a dating or engagement relationship
- People with a disability and their personal assistants
Abuse includes physical abuse, harassment, intimidation, interference with personal liberty, and willful deprivation (in the case of a person with a disability). Verbal abuse and threats count.
How to file
Where
At your county's Circuit Court Domestic Violence Division. In Cook County, the Domestic Violence Courthouse is at 555 W. Harrison Street. Other counties file at the main circuit court with specific procedures.
When
Same-day filing is available for emergency orders. The Cook County Domestic Violence Courthouse has advocates and staff on-site to help file without an attorney.
What to bring
- Identification (if available)
- Evidence of abuse (photos, police reports, medical records, texts, voicemails, witness statements)
- The abuser's address and physical description (for service)
- Information about shared children, property, and finances if relevant
Filing fees
No filing fee for a domestic violence order of protection. Fee waivers also available for related proceedings.
The advocate advantage
Every DV courthouse and most legal-aid organizations have advocates who help survivors file for orders of protection. Advocates can:
- Help you complete the petition form
- Help you tell your story in court
- Connect you with shelter, counseling, financial assistance
- Help you develop a safety plan
- Accompany you to court
Advocates are free. Many are available in multiple languages. Using an advocate does not waive your right to an attorney if one is available.
Civil no-contact orders and stalking no-contact orders
For abuse by someone who is not a "family or household" member, two other remedies exist:
- Civil No Contact Order — available after sexual assault by someone who is not in a family/household relationship
- Stalking No Contact Order — for stalking by someone who is not in a family/household relationship
Both provide similar protections to an order of protection, on similar procedures, without requiring the specific relationship.
Enforcement
An order of protection is enforceable everywhere in the U.S. under the Full Faith and Credit provisions of the Violence Against Women Act. Once served on the abuser, a violation is:
- A criminal offense (Illinois: Class A misdemeanor on first offense; felony on second or subsequent)
- Contempt of court (separate civil remedy)
- Grounds for arrest without a warrant if witnessed by police
If the abuser violates the order, call 911. Bring a copy of the order when you make the report.
Firearms and orders of protection
Federal law (18 U.S.C. § 922(g)(8)) prohibits possession of firearms by people subject to a qualifying domestic violence order of protection. Illinois law reinforces this. The order should direct the respondent to surrender any firearms. Law enforcement can enforce the surrender. If you know the abuser has firearms and the order does not address it, ask the court to include firearm surrender as a specific provision.
Special considerations
Immigration status
You can obtain an order of protection regardless of immigration status. Immigration status is not relevant to the court's decision. Court records in Illinois are not generally shared with immigration authorities. If your abuser threatens to report you to immigration in retaliation, that is additional grounds for relief.
LGBTQ+ relationships
Illinois's Domestic Violence Act is explicitly inclusive of all relationships regardless of gender or sexual orientation.
Reciprocal violence
If the abuser files a reciprocal order of protection against you, you need separate representation. Dual-petition situations are common in abusive relationships; advocates can help distinguish who the primary aggressor is and frame your defense.
Confidentiality
Your home address can be kept confidential in the filing. You can use an alternative address for service and mail.