Recently updated on April 18th, 2025 at 11:41 pm

Step 1: Does my situation qualify for an Order of Protection

To get an Order of Protection in Illinois, you must meet specific legal requirements.

1. Relationship to the Abuser

You must have a specific type of relationship with the person you’re seeking protection from. This includes:

• A current or former spouse.
• A blood relative (e.g., parent, sibling, or child).
• A person you live with or have lived with.
• A current or former dating partner.
• A co-parent (someone with whom you share a child).
• A caregiver (for adults with disabilities or the elderly).

2. Basis for Protection

You must demonstrate that the abuser has committed an act of abuse, which includes:

• Physical abuse or assault.
• Threats of physical harm.
• Harassment (e.g., repeated unwanted contact, stalking).
• Interference with personal liberty.
• Intimidation of a dependent.
• Willful deprivation (denying someone necessary care).

Unless your situations is completely unrelated to the definition you are encouraged to apply.

What if I am Under 18 years of Age

In Illinois, the minimum age to petition for an Order of Protection is typically 18 years old. However, there are exceptions for minors under the age of 18:

• Minors Filing Independently: Minors (under 18) can file for an Order of Protection on their own behalf if they are victims of abuse or harassment. The court may require a guardian ad litem (a legal representative) to be appointed to assist the minor in the process.
• Filing Through a Guardian or Parent: A parent, guardian, or another adult family member can file for an Order of Protection on behalf of a minor.
• Emancipated Minors: Emancipated minors (those legally considered adults) can file for an Order of Protection independently without any additional legal support.

What if the abuser lives out of Illinois state 

A non-Illinois state resident who abuses a Illinois state resident may be subject to the state’s jurisdiction. That means that a Illinois state court can make orders prohibiting a non-Illinois state resident from further abusing a Illinois state resident. Abuse committed by out-of-state parties subjects them to this state’s personal jurisdiction.

An act of abuse by a party in another state against a person in Illinois state is subject to “special regulation” in this state and is sufficient to vest personal jurisdiction in the Illinois state courts over the out-of-state party to enjoin any further such conduct.

Situation Examples

Example 1:  Husband is sexually and verbally abusive, and controlling  

My husband doesn’t allow me the option to say no to sex, and often that warning is not explicit but I know bad things will happen if I say no such as bullying, threats and immense tension. As a couple we have been having sex everyday for nearly two decades now.  He verbally abuses me by calling me a whore if I don’t sleep with him.  During this time he is intoxicated so I am fearful of having a discussion as his anger will quickly get out of control, and he will hurl things at home thereby inducing more fear in me. Such behavior has been going on for over a decade now so I am not sure about the date of the first incident now. One day I very carefully chose my words and mentioned that maybe we are not a right fit, and should seek counseling. He was enraged and threated me that he will utterly destroy me, my work reputation, and expose some minor things I did to the immigration authorities.  Since about six months, I have been sleeping in a separate room. He comes there routinely and tries to sleep with me forcefully.   Often times I feel that if I resist, or decline his advances that my reputation, our property, or even me life will me in danger.  I feel little, humiliated and disgusted with myself.

Example 2:  Boyfriend blackmails and destroys property to control and induce fear

Today, Michael was armed with a pistol and seemed to be under the influence of an unidentified substance. He made threats to create false narratives with the aim of jeopardizing my 28-year accounting career, stating he would falsely accuse me of engaging in illegal financial activities. His menacing statement, “if you mess with me, I’ll retaliate,” was accompanied by destructive actions, such as damaging property in my home, including creating a hole in the wall. Michael’s behavior becomes particularly alarming when he is under the influence of drugs.

Example 3: Ex-boyfriend stalks 

Jenna’s ex-boyfriend shows up at Jenna’s work unexpectedly and drives around. Jenna is fearful, and had earlier clearly asked him to leave her alone.

Step 3: Gather Evidence (You can upload it online)

The first step is to gather the evidence to support your case. What proof do you need for a restraining order in Illinois. The following are examples to help you organize though anything that supports your claims can be used.

Step 2: Fill the Official Court Forms

You can fill these online for free.
Create DVPO Forms Online

In order to apply for a protective order, you need to fill and submit a specific set of official Illinois state court forms. These have questions aimed at understanding your situation and the people involved.

Step 4: File with the Court

In Illinois, you can file for an Order of Protection in the Circuit Court of the county where:

1. You live.
2. The abuser lives.
3. The abuse occurred.
4. You are temporarily located (if you left home to escape abuse).

Identify the methods of Filing

Method # 1: In Person by visiting the court house

Your court location would accept the forms to be submitted in person at the court hours.

Tip: All courts have lunch hours when they are closed for an hour

When you submit your case documents at the court, typically you take 3 copies.

The clerks reviews it, and if everything is ok, they formally enter it into the court system and put a stamp near the top of the documents. That acceptance is called filing.

The stamp may look something like this:

Method # 2: E-file online

This is the most efficient option if you have an e-mail address and some basic computer skills like registering an account, and uploading PDF files.

Some counties now have one or more online portals where you create an account for free, and then you can upload documents and hit submit.

You will be required to some online service fees.

Method # 3: Via another person 

Some counties accept filing via a friend or legal courier. These companies or individuals charge a flat or hourly fee and file the documents at the court.

Step 5: Judge Sets Hearing, Grant/Deny Temporary Restraining Order (TRO)

A judge reviews the case offline and then you will be notified by the court about the outcomes which are:

• Temporary Restraining Order Granted
• Temporary Restraining Order Denied

In addition the Judge would typically set a hearing. If the case doesn’t have sufficient evidence it might be dismissed without even a hearing.

The temporary order (if issued) is valid until the hearing i.e. typically about 3 weeks. If the hearing is delayed for any reason, you need to check with the court to ensure the temporary order is renewed until the hearing to provide you with legal protection.

Step 6: Serve a set of Stamped Case Forms including Hearing Notice to Abuser 

Whenever one party initiates a restraining order it needs to inform or serve the other party formally by delivering the court documents. That step is called serving the respondent

Under the Texas law there are multiple ways in which the other party can be served.

You cannot  serve your papers yourself.

Option 1:  Ask the Sheriff (FREE)

A sheriff or marshal can serve the opposing party for you which is a big help. This service is offered for FREE. To ask the sheriff to serve your papers, you must have an address or location for the other side (restrained person). If the other side is in jail, the sheriff can serve them. If the other side is in prison in Texas, prison staff, not the sheriff, will serve your papers.

Option 2: Ask a friend, relative or any adult (FREE)

You ask someone you know to be your server

• 18 or over, and
• not part of your case

Think about safety when choosing your server. Get step-by-step instructions for how to have someone else, not the sheriff, serve your court papers.

Option 3: Hire a courier for legal papers (Process Server)  

You can also hire a courier called  professional process server. You can search on Yelp or Google to get a list of options near you. Yelp Example . An example is ABC Legal Services.

You cannot hire regular couriers such as UPS, FedEx or US Postal Service unless in exceptional scenarios where the judge authorizes service by mail, but that’s a whole different topic altogether.

Step 7: Present Evidence in a Court Hearing 

Attend a hearing: The court holds a hearing within a couple of weeks where the evidence is examined. If there is sufficient supporting evidence as determined by a Judge, a full restraining order is issued. At this point it becomes a crime for the abuser to break the conditions of the restraining order.

Step 8. Collect the Final Order

After the hearing, a final order may be issued. You can take a paper copy of the order with you. The order is typically valid for five years.

Costs – How much does it cost to get a Restraining Order

The cost depends on the type of restraining order.

Domestic Violence Protective Order

• FREE forms : You can get the court forms for free, or prepare them using the guided experience below.
• FREE filing: There is no fees for filing. Online filing platforms may charge a E-filing fees
• FREE Serving the other party 

How long does it take to get the Domestic Violence Protective Order

You can get a temporary protection order the same day as you file.

Courts can have a cutoff of around 2 p.m.  for the same day service, so you need to file before then. Otherwise, the order would be issued the following day when courts open.

Courts are generally open Monday-Friday and closed on Saturday-Sunday.

The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled in 2 weeks of filing.

At the hearing a formal order may be issued

Is a protective (restraining) order helpful?

The purpose of a restraining order is to restrict the contact or proximity of one person (the respondent or alleged perpetrator) to another person (the petitioner or victim) in order to ensure the safety and well-being of the petitioner.

The specific terms of a restraining order can vary depending on the circumstances of the case e.g. if the people live together then it might require one party to vacate the place.

Typically, a restraining order may prohibit the respondent from

1. Approaching or contacting the petitioner including via text or social media
2. Staying away from the usual places petitioner is at such as home, work or school
3. Prohibit stalking, or surveillance of any kind
4. In situations where they lived together, provide custody or access to
   • Children
   • Pets
   • Important documents
   • Personal items such as clothes, medications, cell phones
   • Cars
5. Extending the protections to others living with the petitioner

Research findings on benefits of restraining orders

Risks of a getting a Domestic Violence Protective Order

It is conceivable that following the submission of a civil protection order, the abuser particularly in domestic violence situations may react with anger due to the perceived loss of control over you and your household. In certain instances, the abuser may portray themselves as the victim and shift blame onto the actual victim they were mistreating.

The response of your abuser after the filing of a protection order is unpredictable. While a Domestic Violence Protective Order (DVPO) can provide legal protection, one should not automatically assume that it guarantees safety. The initial weeks post-filing can be particularly precarious, contingent on your abuser’s reaction.

Despite the safeguards intended by a DVPO, abusers may retaliate through various means, such as:

1. Physical assault or violence
2. Harming or taking away children
3. Damaging jointly owned property
4. Disregarding the order and persisting with threats, possibly through intermediaries
5. Inflicting harm or causing harm to pets
6. Harassing your loved ones for information
7. Engaging in stalking behavior
8. Initiating a retaliatory restraining order against you
9. Spreading false information about you in court documents, online, or publicly

Following the submission of a domestic violence Protection order, it’s important to continuously assess your situation and prepare for the potential escalation of your case into more violent territory.