Know the Laws: Illinois
UPDATED January 20, 2010
An Order of Protection is a civil order that provides protection from someone who is harming you.
- Basic Info
- Can I get an Order of Protection?
- What are the steps for getting an Order of Protection?
- After the Hearing
What are the steps for getting an Order of Protection?
back to topStep 1: Go to a circuit court and request a petition.
Go to the circuit court where you live, where the abuser lives, or where the abuse occurred. You can find a court near you by going to our Courthouse Locations page.
Note that if you are requesting possession of the home you share, you should go to the court in the county where that home is located.
Find the circuit court clerk and request a petition for an emergency order of protection. Or if you are not in immediate danger, you may want to petition for a plenary order. The clerk will give you the forms, and may recommend that you work with a domestic violence legal advocate.
You may also be able to find the forms you need online through our Download Court Forms page.
back to topStep 2: Bring identification and information about your abuser.
It is sometimes helpful to bring the following information about your abuser:
- a photo
- addresses of residence and employment
- phone numbers
- a description and plate number of your abuser's car
- history of drugs or gun ownership
back to topStep 3: Fill out the petition.
Carefully fill out the petition. On the petition you will be the petitioner or "plaintiff" and the abuser will be the respondent or "defendant." Write briefly about the most recent incident of violence, using descriptive language--words like "slapping," "hitting," "grabbing," "choking," "threatening," etc.-- that fits your situation. Include details and dates, if possible.
Be specific. It will also be important to write any previous court action you have taken against your abuser.
Be sure to write your name and a safe mailing address and phone number. If you are staying at a shelter, give a Post Office Box, not a street address.
Note: You may ask that your address not be disclosed (given out). You may also ask that the school(s) you or your children attend not be disclosed.
If you need assistance filling out the form, ask the clerk for help. Some courts may have an advocate that can assist you. A domestic violence organization may also be able to provide you with help filling out the forms. See the IL State and Local Programs page for the location of an organization near you.
back to topStep 4: A judge will review your petition.
After you finish filling out your petition, bring it to the court clerk. The clerk will forward it to a judge. The judge may wish to ask you questions as he or she reviews your petition. The judge will decide whether or not to issue the emergency order, and will set a date for a full court hearing for the plenary order. You will be given papers that state the time and date of your hearing for a plenary order.
back to topStep 5: Service of process.
The abuser must be served with a notice of hearing and with any emergency or interim orders that a judge has granted you, before your abuser may be charged with violating the order. Only official process servers, such as the police and other law enforcement personnel may serve the abuser in person. There is no charge to have the authorities serve the abuser.
Ask the court clerk or a domestic violence organization for more information about serving the abuser. Do not try and serve the abuser in person with the papers yourself. Your abuser may only be arrested for violating the order after s/he has been given notice that the order exists and is in effect.
back to topStep 6: The Hearing.
You must go to the hearing. If you do not go to the hearing, your emergency or interim order will be canceled, and you will have to start the process over. If you do not show up at the hearing, it may be harder for you to be granted an order in the future.
If the abuser does not show up for the hearing the judge may still grant you a plenary order, or the judge may order a new hearing date.*
See the Preparing your Case section under the Preparing for Court tab at the top of this page for ways you can show the judge that you were abused.
* 750 ILCS 60/205-210 Application of Rules of Procedure; Trial By Jury; Subject Matter Jurisdiction; Jurisdiction over Person; Venue; Process