Illinois Protective Orders Laws

For victims to escape an abusive situation, they need separation from their abusers. Protective orders can help provide that space. These Illinois civil court orders use provisions to keep abusers away from their victims. Some orders have a broader scope and can award temporary child custody, child support, and more.

Illinois offers different types of orders of protection. They vary by the offenses committed and the people involved. To help clear up any confusion, this guide will examine each order, explain what they do, and clarify who they’re for. We’ll also show you how to get the order you need. Keep reading to learn what you need to know about orders of protection in Illinois.

Illinois Protective Orders Laws: Types of Orders Available

While orders of protection operate in the same manner, there are differences between them. Knowing which is the correct order for your situation is crucial. With that in mind, let’s take a look at each order before leading you through the process of getting the one you need.

Domestic Violence Order of Protection

Domestic violence, also sometimes referred to as domestic abuse, has specific requirements. People in close personal relationships must have certain abusive crimes occur between them for domestic violence classification under the Illinois Domestic Violence Act. If you think you’re a victim of domestic abuse, FindLaw’s Illinois Domestic Violence Laws article offers a detailed examination.

There are two requirements for a crime to gain domestic violence status. The people involved are considered family members and household members and are comprised of the following:

• Spouses
• Former spouses
• Parents and children
• People with a child in common
• People related by present or prior marriage (stepparents/stepchildren or in-laws)
• Blood relatives (consanguinity)
• People who share a common dwelling
• People who have shared a common dwelling
• People who share a blood relationship through a child
• People who may share a blood relationship through a child
• Elder adults with disabilities and their assistants and caregivers
• High-risk adults with disabilities and their assistants and caregivers
• People who have a dating or engagement relationship together
• People who have had a dating or engagement relationship together

The other necessary element is the type of crime committed. Illinois uses a broad definition of what’s considered abuse and domestic violence. While some criminal acts like domestic battery are singled out, Illinois also uses categories of types of abuse eligible for domestic violence classification:

• Harassment: Includes causing emotional distress through threats, stalking, public embarrassment, and child custody violations
• Interference With Personal Liberty: Includes keeping the victim from doing things they want to do or making them do things they don’t want to through either harassment, physical abuse, deprivation, or intimidation, or the threat of harassment, physical abuse, deprivation, or intimidation
• Intimidation of a Dependent: Includes forcing a dependent to witness or participate in physical abuse or confinement (the dependent must be a family or household member; the victim of the physical abuse does not)
• Physical Abuse: Includes sleep deprivation, sexual assault, confinement, restraint, use of physical force, and causing the threat of physical harm through reckless behavior
• Willful Deprivation: Includes exposing a person to physical, emotional, and mental harm by denying them shelter, medical care, food, medication, therapeutic devices, and physical assistance

If family and household members have any offense that fits one of the categories listed, it’s abuse in Illinois and eligible for a domestic violence order of protection.

Illinois domestic violence orders of protection use provisions tailored to the needs of each victim. An order of protection is available in three different types:

• Emergency order of protection: A temporary order available for a petitioner (victim) in immediate danger when the courts are closed. Each county will have a judge accessible through an emergency number. If issued, the order lasts for up to 21 days or until the plenary order hearing.
• Interim order of protection: The petitioner files for an interim order of protection either in circuit court or online. If issued, it lasts for up to 30 days or until the plenary order hearing.
• Plenary order of protection: A plenary order of protection is only issued after a full court hearing. If the court believes the respondent (abuser) is an ongoing danger to the petitioner, an order of protection lasting up to two years is issued. It’s extendable any number of times.

Orders of protection use provisions to forbid or require the respondent to do something, award temporary custody of children and animals, and much more. While no-contact and stay-away provisions are standard, the following are common inclusions in Illinois orders of protection:

• The respondent (abuser) must cease further abuse, neglect, or exploitation of the petitioner (victim)
• The respondent can’t commit any of the qualifying domestic violence offenses
• The respondent must obey all no-contact orders
• The respondent must vacate a shared dwelling and not return
• The respondent must obey a stay-away order for the petitioner and all locations listed by the court
• The respondent must attend mandatory counseling as dictated by the court
• Awarding temporary child custody to the petitioner, including decision-making for the best interests of the child
• Restricting or denying the respondent‘s parenting time with a minor child
• Awarding shared personal property to the petitioner
• Awarding exclusive possession of all shared animals to the petitioner
• The respondent must pay temporary child support or spousal support
• The respondent must surrender all firearms and ammunition for the duration of the order of protection
• The respondent must pay injunctive relief
• Awarding the petitioner shared telephone numbers

Availability of provisions can depend on which domestic violence order of protection is in effect. The court can approve some, all, or none of these provisions. It can also add any condition it considers necessary for the victim’s safety.

Civil No-Contact Order for Sexual Assault

Victims of non-consensual sexual contact or sexual penetration can apply for this protective order. It’s for victims whose abuser wasn’t a family or household member. Adults can file on behalf of a minor child or an adult with disabilities.

Civil no-contact orders are available at a circuit court, online, or as part of a criminal sentencing. There are two types available:

• Emergency no-contact order: This temporary order is issued if the petitioner (victim) has suffered non-consensual sexual contact or sexual penetration or if the court believes alerting the respondent (abuser) before an order is in place would cause further abuse. If the courts are closed, each county will have a judge accessible through an emergency number. It lasts for up to 21 days or until the plenary hearing.
• Plenary no-contact order: This is a plenary order issued after a court hearing if the court agrees that the respondent is an ongoing threat to the petitioner. A plenary civil no-contact order lasts up to two years and is renewable.

Provisions for civil no-contact orders are focused on keeping the abuser out of the victim’s life. While the court can add any condition it considers necessary, the following are standard provisions for civil no-contact orders in Illinois:

• The respondent must stay a certain distance away from the petitioner at all times
• The respondent must avoid all contact with the petitioner in all mediums
• The respondent must stay away from the petitioner’s home, workplace, school, and any other location listed in the order
• The respondent must stay away from any property or animal of the petitioner

Instances containing conflicts with provisions are handled on a case-by-case basis. For example, the respondent may have to leave a school if the petitioner attends it as well. The court can order the parents of a minor respondent to assist their child in complying with the order.

Stalking No-Contact Order

A stalking no-contact order is similar to a civil no-contact order. It’s for victims of repeated acts of stalking and threatening behavior intended to cause fear and intimidation. The victim does not have to share a close personal relationship with the stalker. If they do, the victim should file a domestic violence order of protection instead.

Victims can file for a stalking no-contract order online or at the clerk’s office in circuit court. If your stalker is facing criminal charges, the court can issue one as part of the prosecution. Stalking no-contact orders come in two forms:

• Emergency stalking no-contact order: An emergency stalking no-contact order is issued if the court believes alerting the respondent (abuser) before an order is in place would cause further abuse or if the petitioner (victim) shows they’ve been stalked. If the courts are closed, each county will have a judge accessible through an emergency number. It lasts for up to 21 days or until the plenary hearing.
• Plenary stalking no-contact order: A plenary civil no-contact order lasts up to two years and is renewable. Before a plenary stalking no-contact order is issued, the respondent must get the chance to defend themselves at a plenary court hearing date.

Stalking no-contact orders are designed to keep the abuser away. The order must contain at least one of the following provisions:

• The respondent must not threaten to commit stalking or commit stalking
• The respondent must not have contact with the petitioner
• The respondent must stay away from the petitioner’s home, workplace, school, and all other locations specified in the order
• The respondent must surrender their Firearm Owners Identification Card and not possess firearms or ammunition for the duration of the order
• The respondent cannot use any electronic tracking devices or systems to locate the petitioner

Extension hearings are conducted in open court. If the respondent doesn’t oppose, the court will grant the extension. A stalking no-contact order cannot halt criminal proceedings or allow their dismissal.

Firearms Restraining Order (FRO)

Illinois firearms restraining orders are a little bit different than the other orders of protection. An FRO is intended to remove firearms from a person considered a danger to themselves and others. Unlike orders of protection that almost always take place after abuse has occurred, an FRO seeks to stop a tragedy before it happens.

Either a law enforcement officer or a family member can file an FRO. The application is made at a circuit court. For this order, family members are defined as:

• Spouses
• Former spouses
• A person with whom the respondent has a minor child in common
• Parents, children, or step-children of the respondent
• A person related by blood or present marriage to the respondent
• A person who shares a common dwelling with the respondent

Like most other orders of protection in Illinois, firearms restraining orders have two versions. These are:

• Emergency firearms restraining order: An emergency firearms restraining order is an ex parte order issued when the threat of harm is considered imminent. Ex parte means the respondent isn’t spoken to by the court before issuance. If the courts are closed, each county will have a judge accessible through an emergency number. This order lasts up to 14 days or until the hearing.
• Plenary firearms restraining order: The court will issue a plenary firearms restraining order if it believes the respondent is an ongoing threat to themselves and others. This order lasts for up to six months and can be renewed.

Respondents who surrender their firearms are eligible to have them returned when the order expires. To get an extension of an FRO, the petitioner must prove a continuing threat.

Illinois Protective Orders Laws: Getting an Order

Aside from the forms used, the process for getting any protective order in Illinois is similar. If possible, consider having a domestic violence advocate help you fill out the forms. They’re experienced and an amazing resource for victims of domestic and sexual violence. An Illinois domestic violence attorney is also a good choice.

If you need immediate relief, call 911. For an emergency order when the courts are closed, each county should have a judge available via phone. Otherwise, petitioners should either file at a circuit court or apply online. Make sure you use the correct forms or program:

• Domestic Violence Order of Protection
• Civil No-Contact Order for Sexual Assault
• Stalking No-Contact Order

Firearms restraining orders require filing in person or speaking to a judge. The forms and filing are free.

The circuit court clerk takes the completed petition to a judge, who may have questions for the petitioner (victim). If the court agrees that there’s an immediate danger present, an emergency or interim order is issued. Law enforcement will serve a copy of the order to the respondent (abuser), making it enforceable. Temporary orders last up to 21 days (14 days for an FRO) or until the plenary court hearing.

If the respondent opposes the order, a final court date will settle the matter. Both sides can present evidence, offer arguments, and call witnesses. If the petitioner shows through the preponderance of the evidence that the respondent is a continuing threat, the plenary order is issued. It lasts up to six months for an FRO and is extendable.

Protective orders issued in Illinois are enforceable anywhere in the U.S. under federal law. This includes tribal reservations and territories. Orders are also honored on a state level in most states.

Illinois Protective Orders Laws: Violation Penalties

Protective orders without penalties are useless. The fear of repercussions for transgressions serves as a deterrent for abusers. Victims must report all violations to law enforcement. Penalties increase for multiple infractions.

Violations of Illinois orders of protection and no-contact orders can include a contempt of court charge. Jail time is possible for any violation:

• First violation (class A misdemeanor): Up to 364 days in jail and a fine of up to $2,500
• Subsequent violations OR a first violation by someone with a previous domestic battery conviction or other aggravated offense (Class 4 felony): Up to three years in prison and a fine of up to $25,000

A violation of a firearms restraining order is a class A misdemeanor. Violation penalties do not in any way bar sanctions for crimes committed during the violation.

Illinois Protective Orders Laws: Quick Reference

There’s a lot to keep track of with Illinois protective orders. The table below recaps each order and offers important links to Illinois statutes.

Illinois Order of Protection Code Sections

Illinois Compiled Statutes

Chapter 430 – Public Safety

• 430 ILCS Section 67/5 (definitions – firearms restraint order)
• 430 ILCS Section 67/10 (commencement of action; procedure)
• 430 ILCS Section 67/35 (ex parte orders and emergency hearings)
• 430 ILCS Section 67/40 (plenary orders)
• 430 ILCS Section 67/65 (enforcement; sanctions for violation of orders)

Chapter 720 – Criminal Offenses

• 720 ILCS Section 5/12-0.1 (definitions)
• 720 ILCS Section 5/12-3.4 (violation of order of protection)
• 720 ILCS Section 5/12-3.5 (interfering with a report of domestic violence)
• 720 ILCS Section 5/12-3.8 (violation of a civil no-contact order)
• 720 ILCS Section 5/12-3.9 (violation of a stalking no-contact order)
• 720 ILCS Section 5/12-7.3 (stalking)

Chapter 725 – Criminal Procedure

• 725 ILCS Section 5/112A-3 (definitions)
• 725 ILCS Section 5/112A-14 (domestic violence order of protection; remedies)
• 725 ILCS Section 5/112A-14.5 (civil no contact order; remedies)
• 725 ILCS Section 5/112A-14.7 (stalking no contact order; remedies)

Chapter 750 – Families

• 750 ILCS Section 60/201 (persons protected by this act)
• 750 ILCS Section 60/214 (order of protection; remedies)
• 750 ILCS Section 60/217 (emergency order of protection)
• 750 ILCS Section 60/218 (30-day interim order of protection)
• 750 ILCS Section 60/219 (plenary order of protection)
• 750 ILCS Section 60/219.5 (Hope cards)
• 750 ILCS Section 60/223 (enforcement of orders of protection)
• 750 ILCS Section 60/304 (assistance by law enforcement officers)

Orders of Protection Available in Illinois

Domestic Violence Order of Protection

• Protects: Victims of domestic violence and abuse by family and household members, including elder adults with disabilities and high-risk adults with disabilities
• Types: Emergency order of protection; interim order of protection; plenary order of protection
• Court to file in: Circuit court in the county the victim lives in, has relocated to, the abuser lives in, or where the abuse took place. If possession of a residence is one of the provisions filing takes place in the country where the residence is located, unless part of divorce proceedings
• Duration: 21 days or until plenary hearing (emergency order of protection); 30 days or until plenary hearing (interim order of protection); up to two years and renewable (plenary order of protection)

Civil No-Contact Order for Sexual Assault

• Protects: Victims of non-consensual sexual penetration or non-consensual sexual conduct by someone who is not a household or family member
• Types: Emergency no-contact order; plenary no-contact order
• Court to file in: Circuit court in the county the victim lives in, the abuser lives in, or where the abuse took place
• Duration: 21 days or until plenary hearing (emergency no-contact order); up to two years and renewable (plenary no-contact order)

Stalking No-Contact Order

• Protects: Victims of stalking (multiple acts intended to cause the victim to live in fear) by someone who is not a family or household member
• Types: Emergency stalking no-contact order; plenary stalking no-contact order
• Court to file in: Circuit court in the county the victim lives in, the abuser lives in, or where the repeated acts took place
• Duration: 21 days or until plenary hearing (emergency stalking no-contact order); up to two years and renewable (plenary stalking no-contact order)

Firearms Restraining Order

• Protects: Respondent who is a danger to themselves and others
• Types: Emergency firearms restraining order; Plenary firearms restraining order
• Court to file in: Circuit court in the county the respondent lives in, or where an incident occurred
• Duration: 14 days or until plenary hearing (emergency firearms restraining order); up to six months (plenary firearms restraining order)

(750 ILCS Section 60/217; 750 ILCS Section 60/218; 750 ILCS Section 60/219; 725 ILCS Section 5/112A-14.5; 740 ILCS Section 22/213; 725 ILCS Section 5/112A-14.7; 430 ILCS Section 67/40)

Penalties for a Violation of an Illinois Order of Protection/ No Contact Order/Firearms Restraining Order

Violations of Illinois orders of protection and no-contact orders can include a contempt of court charge as well.

• First violation (class A misdemeanor): Up to 364 days in jail and a fine of up to $2,500
• Subsequent violations OR a first violation by someone with a previous domestic battery conviction or other aggravated offense (Class 4 felony): Up to three years in prison and a fine of up to $25,000

A violation of a firearms restraining order is a class A misdemeanor.

These sanctions are in addition to any sentences for the crimes committed during the violation.

(720 ILCS Section 5/12-3.4; 720 ILCS Section 5/12-3.8; 720 ILCS Section 5/12-3.9; 430 ILCS Section 67/65)

Filing Fees

There are no fees for victims filing for any Illinois protective order.

(750 ILCS Section 60/202)

Order Transmission to Law Enforcement

Orders are filed with the Illinois State Police and local sheriffs/law enforcement within 24 hours.

(750 ILCS Section 60/210)

Note: Illinois laws change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. Please consult a domestic violence attorney or conduct research to confirm current Illinois state law.

Illinois Protective Orders Laws: Related Resources

• National Domestic Violence Hotline (800.799.7233)
• Orders of Protection and Restraining Orders
• Illinois Coalition Against Domestic Violence
• Illinois Court Directory
• Illinois Stalking Laws

Need Help With a Protective Order in Illinois? Talk to an Attorney

Finding the right protective order requires figuring out a lot of legal information. If you’re feeling overwhelmed, speak with an Illinois family law attorney. They’ll put their expertise in protective orders to work for you.

If you’re facing criminal court for violation of an Illinois protective order, you need a criminal defense attorney sooner rather than later. Let an expert examine your case and represent you in court.