Category: Domestic Violence
1.24.25
Category: Domestic Violence
Written by M.K. Clayton on 6.26.25
When you are facing threats to your safety, the legal system in Illinois provides important tools to help protect you. One such tool is an Order of Protection, commonly used in cases involving domestic violence, harassment, stalking, or other forms of abuse. While the process can seem intimidating, the courts are designed to respond quickly in these matters, and help is available to guide you through each step.
In this post, we will explain how to request an Order of Protection in Illinois, what to expect during the process, and why consulting with a family law attorney can be a valuable step in ensuring your safety and peace of mind.
To begin the legal process for obtaining protection, you must submit a petition to the circuit court in your county. This document outlines the nature of the threat or abuse and requests the court’s intervention.
Many courthouses have resources available to assist with this process, such as domestic violence advocates or on-site legal aid organizations. These professionals can help you complete the required paperwork and provide support in navigating the court system. While it is possible to file on your own, having knowledgeable assistance can reduce stress and help ensure all information is submitted correctly.
Cook County Cases: In Cook County, when there is no active divorce or parentage case involving you and the respondent, you must file your Order of Protection petition at 555 W. Harrison or at one of the suburban district courthouses—Skokie, Rolling Meadows, Maywood, Bridgeview, or Markham—depending on your location. These courts have designated Domestic Violence divisions to handle such matters. However, if a divorce or parentage case is already underway between you and the respondent, the petition should be filed within that existing case. If the Order of Protection is mistakenly filed at 555 W. Harrison or a suburban court while a related family case is pending elsewhere, the court can be informed, and the case will be moved to the courthouse where the original family law case is being heard. See Cook County Local Rule 13.3(g).
If you are in immediate danger, you may ask the court for what is known as an Emergency Order of Protection (EOP). This type of order is designed to offer fast, temporary protection and can be issued ex parte, meaning the person you are seeking protection from does not need to be present for the order to be granted.
Emergency orders typically remain in effect for 14 to 21 days, providing a window of safety until a more comprehensive hearing can be held. During this period, the court may order the respondent to stay away from your home, workplace, school, or other specific locations, and may include provisions related to custody of children or exclusive possession of shared residences.
Following the emergency phase, the court will schedule a hearing to determine whether a longer-term solution is necessary. Both you (the petitioner) and the respondent (the person you are seeking protection from) will have an opportunity to appear in court, present evidence, and call witnesses.
At the conclusion of this hearing, a judge may issue a Plenary Order of Protection, which can last up to two years. In certain situations, it may also be renewed or extended. The plenary order can include a wide range of protections depending on your specific circumstances, including custody arrangements, restrictions on communication, or mandated counseling for the respondent.
Because this hearing involves legal arguments and the presentation of evidence, having an attorney on your side can make a significant difference in how your case is presented and the protections the court ultimately grants.
After a protective order is granted, it must be officially served to the respondent to take effect. This step ensures that the individual is fully informed of the court’s restrictions and the consequences for violating them. Local law enforcement or a process server typically handles delivery of the order.
Once the order is served, police officers can enforce its terms. If the respondent violates any part of the order—by contacting you, appearing at prohibited locations, or engaging in threatening behavior—law enforcement can intervene immediately. Depending on the situation, consequences can include arrest, criminal charges, or additional court proceedings.
It is important to keep a copy of your order with you at all times and to inform trusted individuals, such as employers, school administrators, or neighbors, of the restrictions in place.
If the Abuser Violates the Order of Protection: Violating a protective order is a criminal offense in Illinois. If the abuser does not comply with the order, you should:
While Illinois courts do prioritize these cases due to their urgency, navigating the process on your own can be emotionally and legally challenging, especially when you are already dealing with a stressful or dangerous situation.
A family law attorney can provide critical support at every stage:
Legal professionals can also connect you with additional resources, such as counseling services, housing assistance, or victim support programs that may be available in your community.
An Order of Protection is a powerful legal tool that can provide both immediate and lasting safety for individuals at risk of harm. If you are considering taking this step, know that you are not alone—and that there are systems in place to help you seek protection, enforce your rights, and move toward a more secure future.
If you have questions about filing an Order of Protection or need legal guidance in a domestic violence matter, our team at O. Long Law. LLC is here to help. Contact us today to schedule a confidential consultation.
Category: Domestic Violence
1.24.25