Orders of Protection

What is an Order of Protection?

An order of protection is a civil order that provides protection from a family or household member who has committed acts of domestic violence against you or your minor child. While an order of protection is a civil order, it can be obtained in civil court or in criminal court when there is a criminal case. The following remedies can be part of an order of protection:

Prohibits further abuse or threats of abuse
Removes and excludes the abuser from the residence
Orders the abuser to stay away from the victim, children, the victim’s place of employment, the child(ren)’s school or daycare, place of worship, and other locations
Prohibits destruction or disposal of property
Prohibits the removal or concealment of the child(ren) and orders the return of the children to the victim
Orders payment of child support and medical costs
Awards temporary custody
Provides for visitation for the abuser
Orders the abuser into counseling
Prohibits alcohol and drug use in the home
Provides other relief as necessary or appropriate

What is Considered Abusive for the Purpose of an Order of Protection?

The definition of abuse for an Order of Protection includes acts of physical and sexual abuse as well as acts of confinement, harassment, threats and concealing minor children or other dependents.

Do I Need a Police Report?

You do not need a police report to get an order of protection in civil court. However, and order of protection can also be obtained in criminal court alongside a criminal case.

How is an Order of Protection Enforced?

Life Span has developed a nationally renowned program addressing the needs of domestic violence victims whose abusers are law enforcement personnel. These victims face even greater isolation and obstacles to obtaining emotional support, legal assistance and safe places to live.

If I Move Out of State, Can I Get My Order of Protection Enforced?

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 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. Be sure to have a certified copy of your order with you at all times so that you can show it to the police, if needed.

Can I Get My Out-of-State Order of Protection Enforced in Illinois?

Yes, your order can be enforced 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 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 (whether he/she went to court or not does not matter as long as there was opportunity).

Can I Have My Out-of-State Order of Protection Changed, Extended or Cancelled in Illinois?

No. Only the state that issued the order can change, extend or cancel the order. To do so, you must file a motion with the court that issued the order. However, if your order of protection expires while in Illinois, you may be able to obtain a new one issued in Illinois.