What Is a Domestic Violence Order of Protection in Illinois?

 Posted on July 20, 2026 in Domestic Violence & Orders of Protection

In Illinois, victims of domestic violence can ask the court for an order of protection. This civil court order can provide important legal protections from an abusive partner or family member.

A Wheaton, IL domestic violence attorney can walk you through your options and help you seek the protection you need in 2026.

What Is an Order of Protection Under Illinois Law?

An order of protection is a civil court order issued under the Illinois Domestic Violence Act of 1986, 750 ILCS 60. This law lets a judge prohibit abuse, restrict contact, order the respondent to stay away, or grant the petitioner exclusive possession of a shared home. Some people call this a restraining order, but in Illinois family law, "order of protection" is the correct legal term.

No criminal charges need to be filed to request this protection, and a judge can grant an order of protection even if police were never called or no arrest was made. You can file the petition on its own or as part of a pending divorce, parentage, or other qualifying family law case.

The goal is to prevent further abuse, and violating the order can lead to separate criminal charges. Illinois law does not allow the court to charge a filing fee for this type of petition. 

Who Can Ask an Illinois Court for an Order of Protection?

According to the CDC, more than one in three women and more than one in six men experience contact sexual violence, physical violence, or stalking by an intimate partner during their lifetime. Illinois law broadly defines "family or household members" under 750 ILCS 60/103 to include spouses, former spouses, roommates, and dating partners.

The same section of the law defines "abuse" as physical harm, harassment, intimidation, interference with your personal liberty, or willful deprivation, so a petition does not have to involve a physical injury to qualify. A petition may also seek protection for a minor child or, under certain circumstances, an adult with disabilities.

What Protections Can a Judge Include in an Order of Protection?

Illinois law gives judges wide authority to shape an order around your specific situation, and 750 ILCS 60/214 lists the remedies a court can order. Depending on your case, a judge may:

• Require the abuser to stay a set distance from you, your home, your workplace, or your child's school

• Grant you exclusive possession of the shared home, even if both parties have an ownership or leasehold interest

• Grant you temporary physical care and possession of your children or temporarily allocate certain parental responsibilities

• Order the abuser to attend counseling

• Require the abuser to give up any firearms while the order stays active

These terms can be combined or adjusted, and the court can revisit them if circumstances change.

How Quickly Can You Get an Emergency Order of Protection in Illinois?

Illinois law recognizes three types of orders of protection, each one meant for a different stage of your case. The first is an emergency order, which a judge can issue the same day you file, often without the abuser present or even aware a hearing took place. This order protects you for 14 to 21 days. 

The second is an interim order, which may be issued after the respondent has received notice or appeared in court, while the case moves toward a full hearing. It typically lasts up to 30 days. The third is a plenary order, issued only after that full hearing where both sides present their evidence, and it offers the most lasting protection, remaining in effect for up to two years.

What Happens If Someone Violates an Order of Protection?

While an order of protection is itself a civil matter, violating one is a separate criminal offense in Illinois. Police may arrest someone without a warrant if they have probable cause to believe the order was violated.

A first violation is typically charged as a misdemeanor, but repeat violations can lead to felony charges. Report every suspected violation to police so there is a record if the violations continue.

An order of protection is worth pursuing because it creates a legal record and gives police a basis to act if the abuser comes near you again. However, it does not physically stop someone from causing harm, and with some abusers, it may even increase the risk of danger. If you believe your life or a child's life is at risk, treat the order as one piece of a larger safety plan. Identify a safe place to go, such as a shelter or a family member's home, and know how to reach the police in an emergency.

Contact a Wheaton, IL Domestic Violence Lawyer Today

If you are facing abuse from a partner or family member, our team is ready to guide you through the process of seeking an order. The Will County, IL order of protection attorneys at Smit Zaruba P.C. bring over 45 years of combined experience. Call 630-480-7600 today to schedule a consultation.