Know the Laws: Illinois
UPDATED October 23, 2012
If you are moving out of state or are going to be out of the state for any reason, your protection order can still be enforceable.
- General rules
- Getting your IL order of protection enforced in another state
- Enforcing custody provisions in another state
General rules
back to topCan I get my Order of Protection from Illinois enforced in another state?
Yes. If you have a valid Illinois Order of Protection that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid Orders of Protection granted in the United States receive "full faith and credit" in all state and tribal courts within the US, including US territories. See How do I know if my Order of Protection is good under federal law? to find out if your Order of Protection qualifies.
Each state must enforce out-of-state Orders of Protection in the same way it enforces its own orders. Meaning, if your abuser violates your out-of-state Order of Protection, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by "full faith and credit."
To make it even clearer that your order is good anywhere in the U.S., Illinois also includes a statement on all emergency, interim, and plenary Orders of Protection that says that the order can be enforced in any other state whether or not it has been registered in that state.*
* 750 ILCS 60/221(d),(e)
back to topHow do I know if my order of protection is good under federal law?
An order of protection is good anywhere in the United States as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. It doesn’t matter if he actually showed up in court; just that he had the opportunity to do so.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled within a "reasonable time" after the order is issued.**
* 18 U.S.C. § 2266(5)(A)
** 18 U.S.C. § 2265(a) & (b)
back to topI have an emergency (ex-parte) order. Can it be enforced in another state?
Yes. An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my order of protection is good under federal law?*
Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court). However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.
* 18 U.S.C. § 2265(b)(2)