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Part of the safety and protection library, sponsored by Perkins Coie.
There are different types of protective and restraining orders. These are available depending on the type of protection needed:
- Order of Protection: Provides protection for people being abused by family or household members.
- Civil No Contact Order: Protects victims of rape, sexual assault, or sexual abuse from the abuser, and can also be used to protect the victim's family.
- Stalking No Contact Order: Stops someone else from stalking someone. Stalking is any activity that makes someone fear for their safety or becomes distressed. This includes someone knowingly making threats over a period of time. It must happen more than once to be stalking.
- Firearms Restraining Order: Prevents someone from having or buying a firearm or ammunition because they are a danger to themselves or others.
Order of Protection
A person being abused by a family or household member can get an Order of Protection to protect them and anyone else living in their home, including minor children. Any adult with a disability who is abused or neglected by a family or household member can also get an Order of Protection.
An Order of Protection can be issued against any of the following:
- Anyone in the victim's family or household, including anyone they are related to by blood or marriage (including parents, children, and stepchildren);
- Anyone the victim has a relationship with through a child. For example, the child's grandparent;
- Anyone the victim had a child with;
- Anyone the victim is currently dating or living with, or has ever dated or lived with; and
- The victim's spouse or former spouse.
With an Order of Protection, a victim can ask a judge to protect them from an abuser. For example, a judge can order the abuser to:
- Stop abusive acts;
- Stay away from the victim and other people protected by the order;
- Stop contacting the victim via telephone calls, mail, email, written notes, or third parties;
- Stay away from the victim's home, school, or work;
- Attend counseling;
- Pay child support;
- Return or stay away from the property; and
- Move out of a home they share with the victim.
A judge can prevent an abuser from viewing the phone records of the victim and any minor child in the victim's custody. The Order of Protection can require phone service providers to transfer service so that the victim can keep the same phone number. The victim will have to pay the bill.
A judge can also change a person's parental duties (custody/visitation) in an Order of Protection.
Courts outside Cook County, must allow you into the building during normal hours for an Order of Protection case. Explain clearly to the person who comes to the door that you are there for an Order of Protection case. Bring paper work with you if it is an existing case. You must go to the courthouse where Orders of Protection are normally handled. Call your Circuit Clerk to find out where this is.
Order of Protection paperwork can be completed online. In Kane, DuPage and Lake County, you can go to the court in-person. Beginning in 2023, all of Illinois will accept petitions online or in-person. Learn more about ways to file for an Order of Protection.
Prairie State Legal Services serves the northern half of Illinois outside of Cook County. They have a legal advice hotline for domestic violence issues. Call (844) 388-7757 Mondays, Tuesdays, and Thursdays, 9AM to 1PM, and Wednesdays 6PM to 8PM. Outside of those hours, call the general legal advice line at (800) 531-7057.
Land of Lincoln Legal Aid serves the southern half of the state. Call their Legal Advice and Referral Center at (877) 342-7891.
And remember, no matter where you are in Illinois, the statewide hotline is available 24/7 at (877) 863-6338.
Getting help
Call 911 and ask for assistance if you feel like you are in immediate danger. If you act quickly, the police can make an arrest and charge the abuser with a crime. If the police arrive after the abuser left the location, you can ask the police for a police report. Then call your local State's Attorney to tell them you want to press charges. In Cook County, call the Victim Witness Unit at (773) 674-7200.
If you don’t immediately call the police, you can still call their non-emergency number. In Chicago, this is 311. Ask for a police report about a domestic violence incident. There are organizations who can help. You can call or visit their websites, and see if you can visit in-person.
Legal Comment
Worried about doing this on your own? You may be able to get free legal help.
Part of the safety and protection library, sponsored by Perkins Coie.
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