Orders of Protection FAQs

 Posted on June 04, 2026 in Domestic Violence

An order of protection, often called a restraining order, is a court order that helps protect someone who has suffered abuse. In Illinois, these orders are most often used in situations involving family or household members, including partners.

Understanding how orders of protection work is an important first step in knowing if you should request one. A DuPage County, IL domestic violence attorney can help you understand your options in 2026.

What Is an Illinois Order of Protection?

An order of protection is a legal order issued by a court to stop abuse or harassment and keep a victim safe (Illinois Domestic Violence Act, 750 ILCS 60/). They are designed to protect family and household members from abuse.

An order of protection can do a number of things, depending on what the situation calls for:

• Prohibit the abuser from continuing the abuse, harassment, or threats

• Order the abuser to stay away from your home, workplace, or school

• Bar all contact, including calls, texts, and messages through others

• Grant temporary possession of a shared home

• Address temporary parental responsibilities and parenting time for children

• Require the abuser to turn over firearms

Violating an order of protection is a crime in Illinois. If the person the order is against breaks its terms, they can be arrested and charged. Serious or repeated violations may result in jail time.

Who Can Get an Order of Protection in Illinois?

You can seek an order of protection in Illinois if you've been abused by a family or household member. Family or household members under the law include spouses and former spouses, people who share a child, people related by blood or marriage, people who live together or used to, and people in a dating or engagement relationship.

If your situation doesn't fit these categories, a different type of order, such as a civil no-contact order, may apply instead. Abuse is not limited to physical harm. It also includes harassment, intimidation, removal of personal liberty, and intentional deprivation of essential care.

What Are the Different Types of Orders of Protection in Illinois?

Illinois has three types of orders of protection. They differ mainly in how long they last and what's required to obtain them. They're designed to provide protection at different stages of a case.

Emergency Order of Protection

An emergency order can be granted the same day you ask for it, often without the other person present. It's meant for immediate danger and typically lasts 14 to 21 days. This bridges the time until a full hearing can be held.

Interim Order of Protection

An interim order can fill the time between an emergency order and a plenary order. It generally requires that the other person has been notified. It can last up to 30 days.

Plenary Order of Protection

A plenary order is the longest-lasting order of protection. It's issued after a full court hearing where both sides can present their case. It can remain in effect for up to two years, with the option to renew.

Depending on your situation, you may end up requesting all three kinds of orders.

Who Is a Good Candidate for an Order of Protection?

Orders of protection are not suitable for everyone. If you think your abuser will respect the legal consequences of violating an order of protection, it may be a good option.

If you are in immediate danger or think your abuser may respond to court orders with violence, however, do not rely on an order of protection to keep them away from you. Go somewhere you will be safe, such as a family member’s home or a domestic violence shelter. Do not tell your abuser where you are.

Call the police immediately if you’re worried about your or your family’s safety. You can always request an order of protection after you are safe as a way to document your abuser’s behavior.

How Do I Get an Order of Protection in Illinois?

Getting an order of protection starts with filing a petition. In DuPage County, this is handled through the circuit court. You can file on your own or with an attorney's help.

When you file, you describe the abuse and what protection you're asking for. A judge then reviews your petition. They may grant an emergency order right away if you're in immediate danger, then schedule a hearing for a longer-term order. At that hearing, both sides can present evidence and testimony. Coming prepared with documentation such as messages, photos, or witness information can help streamline the process.

Call a Naperville, IL Domestic Violence Attorney Today

Our DuPage County, IL domestic violence lawyers bring nearly two decades of legal experience to issues involving orders of protection. Attorney Pesce is court-approved in DuPage County to serve as a Guardian ad Litem, child's representative, or attorney for the child as needed. He is also court-approved to serve as a mediator in custody and visitation matters. Call Pesce Law Group, P.C. at 630-352-2240 today for a free consultation.