Frequently Asked Questions about the Order of Protection

The following are commonly asked questions when an Order of Protection is in place.  Responses to these questions follow below:

• Does the respondent have to pay the mortgage or bills if I get an OP that does not allow respondent to live in the home?
• Does the OP prohibit me from doing anything?
• Does the respondent have to surrender firearms?
• What happens if the respondent repeatedly violates the OP?
• What do I do if the respondent begins to harass me by telephone?
• I need more information.

Does the respondent have to pay the mortgage or bills if I get an OP that does not allow respondent to live in the home?

Unfortunately these types of issues cannot be addressed when receiving an OP in criminal court. They can be addressed in civil court with the help of an attorney. Generally, in criminal court the judge will not want to make any decision on who will pay the bills. You can request that the respondent be ordered to pay child support, but it is much easier to request in a civil order than in a criminal order. If you need help with child support and are not currently involved in a divorce, call the Cook County State's Attorney's Office Child Support Enforcement Division at (312) 345-2200. If you and the abuser have a joint bank account, it is important to take steps to protect your money before you get an OP or as soon as you can afterward.

Does the OP prohibit me from doing anything?

You cannot violate your own order. It is advisable to not contact the respondent because it may invite unwanted contact that may result in a violation, however the order does not keep you from doing anything.

Does the respondent have to surrender firearms?

If the respondent possesses firearms or weapons, you should mention this to the State's Attorney or the judge. You can request that the respondent surrender those weapons to the local police department. If the weapon was used to threaten or intimidate you, the judge may require the respondent to turn over the weapon. If the respondent is convicted of a violent crime, it is illegal for this individual to own a firearm.

What happens if the respondent repeatedly violates the OP?

Illinois State Law now makes it possible to charge the second or subsequent violation of an Order of Protection as a felony. Therefore, if this is the second complaint you have signed for a Violation of an Order of Protection (VOOP), ask the responding police officer if this incident can be charged as a felony. When you are in court, make sure the State's Attorney is charging the abuser with a violation and not something else. The more the respondent violates the order, the worse the punishment gets and may eventually involve imprisonment.

What do I do if the respondent begins to harass me by telephone?

Oftentimes abusers will resort to this behavior when they can no longer harass you in person. While this is a violation of the Order of Protection, the police and State's Attorneys usually do not prosecute these cases unless the phone calls are threatening or harassing. For example, if the respondent threatens you with physical harm or calls you repeatedly in a short period of time (ex. 30 times in 1 hour). There are a number of steps you can take to end this behavior.

• You can change your phone number once at no charge.
• You can screen your calls with your answering machine or caller ID.
• Your phone service provider can set you up with call blocking or multi-ring that allows you to have another phone number on your line that will ring differently (these features do cost extra money).
• You can dial *57 which will trace the call. The records of the trace can only be released to the police and this is useful if you intend to prosecute for harassment. (There is a $4.00 charge per successful trace.)
• To get more information call your phone provider.  If you are receiving phone calls from Cook County Jail and wish to block them, call Ameritech at 1-800-633-1903.

For more information:

If you have any questions or need referrals for shelters, counseling, emergency assistance, or any other services please call Life Span's 24-Hour Crisis Line at (847) 824-4454.

If your abuser is a police officer and you have further questions about how an Order of Protection will affect this special circumstance, please call Life Span's office at (847) 824-0382.

Life Span is a non-profit organization committed to ending domestic violence by providing services to those who suffer its consequences and by working to lower community acceptance and tolerance of this crime.

Life Span services include:

• 24 Hr. Crisis Line
• Legal Advocacy
• Individual Counseling and Support Groups
• Children's Counseling -- Individual and Group