A person can ask a court to issue an order preventing someone else from having a gun. The person asking for the order is called the "petitioner," and the person they're getting the order against is called the "respondent." The order is called a "Firearms Restraining Order" or FRO.

What is a Firearms Restraining Order (FRO)?

A FRO is a court order that says that a person cannot have a gun, ammunition, or gun parts because they pose a threat of injury to themselves or another.

Who can ask for a FRO?

A family member of the respondent can ask for a FRO. This includes a:

• Spouse,
• Former spouse,
• Parent,
• Child,
• Step-child,
• Person-related by blood or marriage,
• Person with whom they have (or allegedly have) a child, or
• A person who shares a common dwelling with them.

A police officer may also ask for it.

How do I get a Firearms Restraining Order against someone?

To get a FRO, you must file a petition with your local circuit court. You do not have to do this alone. Local circuit clerks are required by law to help you file your petition. Contact the circuit clerk in the county where the respondent lives. Tell them you want help filing a Firearms Restraining Order. If they say they can't help, tell them they are required to help you under 430 ILCS 67/10(d). Your local State's Attorney's office or police department may also be able to help you.

Is there a fee to file for a FRO?

No. Circuit clerks are not allowed to charge you a fee for filing a petition for a FRO. You can also print a FRO form for free. Also, sheriffs are not allowed to charge you for serving the petition on the respondent.

What happens after I file a petition for a FRO?

The first step is to make sure the respondent is served. This means that the Sheriff gives them a copy of the petition and summons telling them to come to court within 7 days.

Ask the circuit clerk how the Sheriff receives the petition and summons. They may do it for you, or you may have to do it yourself.

Once the respondent is served, there will be a hearing. It will be within 30 days of the day you file your petition. Ask the circuit clerk when your hearing is and where it is.

At the hearing, you will be able to speak to the judge. You can tell the judge why you think they should issue a FRO against the respondent. The respondent will be able to respond. Either of you can introduce evidence, including physical evidence and witness testimony. Either of you can also have a lawyer represent you.

The judge will then make a decision.

How long does a Firearms Restraining Order last?

A FRO lasts 6 months. After 3 months of it have passed, you can petition to renew it for another 6 months.

The respondent can also petition to end the FRO. They can only do this once during the 6 months.

Can I get a Firearms Restraining Order quickly if there is an emergency?

Yes. Tell the circuit clerk that you'd like to file a petition for an emergency FRO. Then there will be a hearing the same day or the next day the court is in session. You do not need to wait for the respondent to be served.

The emergency order can only last 14 days. In that time there can be a hearing about whether the judge should issue a 6-month order.

Note: If the respondent poses a threat to an "intimate partner," you must first try to let the intimate partner know that you plan on filing a petition for a FRO. An intimate partner is a:

• Spouse,
• Former spouse,
• The person the respondent has a child with, or
• The person who the respondent is or was dating or engaged to.

If the respondent has guns, will they be taken away?

Yes. If the judge orders either a 6-month FRO or an emergency FRO, they will also issue a search warrant for the local police to find and seize the respondent's:

• Firearms,
• Ammunition, and
• Parts that could be assembled to make an operable firearm.