Restraining Orders

There are two types of firearms restraining orders: emergency firearms restraining orders and six-month firearms restraining orders.

Emergency Firearms Restraining Order – A judge can issue an emergency order on the same day that the petition is filed or the next day that the court is open.¹ An emergency order can be issued ex parte, which means that the respondent does not need to be in the courtroom or have prior notice of the case for the judge to issue the order.² If the judge believes that the respondent poses an immediate and present danger of causing personal injury to himself/herself or others by having a firearm, the judge can issue the emergency order.³ The judge should schedule a hearing for the six-month order as soon as possible. An emergency order can stay in effect for up to 14 days.⁴

Six-month Firearms Restraining Order – The judge will hold a hearing for a six-month firearms restraining order after the petitioner receives an emergency restraining order. A petitioner can also request that the judge issue a six-month firearms restraining order without first filing for an emergency order. If the petitioner does this, the judge must hold a hearing within 30 days of the petition for a six-month order being filed.⁵ If the judge issues a firearms restraining order after the respondent has notice and the opportunity to appear, the judge can issue the order for six months.⁶

¹ 430 ILCS 67/35(e)
² 430 ILCS 67/35(d)
³ 430 ILCS 67/35(f)
⁴ 430 ILCS 67/35(i)
⁵ 430 ILCS 67/40(d)
⁶ 430 ILCS 67/40(g)