Family & Safety

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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An Order of Protection is a court paper that protects its holder from abuse of:

• Someone in their family,
• A current or former partner, or
• Someone who lives with them.

You can seek an Order of Protection for:

• Yourself,
• Minors you care for,
• The elderly, or
• Persons with disabilities who are unable to seek an Order of Protection for themselves.

An Order of Protection is also known as a restraining order. It is a safety tool for victims of abuse.

Learn more about being a victim of domestic violence from this timeline.

With an Order of Protection, a victim can ask a judge for protection from an abuser. A judge may require the abuser to:

• Stop abusive acts,
• Stay away from the victim and other people protected by the order,
• Not contact 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 property and pets,
• Move out of a home they share with the victim, and
• Pay for property that the abuser may have damaged during the abuse.

A judge can prevent an abuser from seeing 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 parental responsibilities in an Order of Protection if minors are involved and one of the parents is an abuser. This will only be temporary. It is not a substitute for determining parental responsibilities with a domestic relations judge. However, it will help get the minors in a safe environment away from the abuser.

In Illinois, the following persons can seek an Order of Protection:

• Any person abused by a family or household member,
• Any high-risk adult with disabilities who is abused, neglected, or exploited by a family or household member,
• Any minor child or dependent adult in the care of the abuser, and
• Any person residing or employed at a private or public shelter which is housing an abused family or household member.

The following people can also seek an Order of Protection, if the person is abused by a family or household member of a child:

• A foster parent of that child, if the child has been placed in the foster parent's home by DCFS or another agency,
• A guardian or custodian,
• An adoptive parent, or
• A prospective adoptive parent of that child, if the child has been placed in the prospective parent's home.

In Illinois, "abuse" is defined broadly. This means that abuse is not just physical abuse. It also includes:

• Harassment,
• Intimidation of a dependent,
• Interference with personal liberty,
• Willful deprivation,
• Calling,
• Yelling,
• Throwing objects or food (even if not directed at the victim),
• Controlling someone's behavior,
• Checking phones,
• Not allowing the victim to contact or see family or friends, and
• Taking actions that would reasonably cause emotional distress such as rationing food or depriving the victim of sleep.

If a victim wants to be protected from someone who is not related to or living with them, then they may seek a Civil No Contact Order or a Stalking Order.

• Contacting a local domestic violence program and asking for help. To locate the nearest program, call the State of Illinois Domestic Violence Helpline at (877) 863-6338 or find a domestic violence agency by city,
• Filing a civil court petition on your ownonline or by going to your local circuit clerk's office to file a petition on your own in civil court,
• Asking a lawyer to file a request for an Order of Protection in court or as part of an existing case like a divorce, or
• Requesting a criminal Order of Protection once criminal charges are filed by the state's attorney.

Most courthouses offer free legal help for you to file a case. Learn more about ways to file for an Order of Protection. For more information, visit the Illinois Coalition Against Domestic Violence's website.

If someone has an Order of Protection against you, learn more about Responding to a Petition for an Order of Protection.