Obtaining an Order of Protection in Illinois

Go to the courthouse (you may want to call the courthouse first to see if you need an appointment or to get instructions):

1)in the county where you live, or
2)in the county where the abuser lives, or
3)in the county where the abuse happened, or
4)in the county where you and the abuser had other family court cases.



Ask the court clerk for "Order For Protection" forms. Fill out the forms. Detailed instructions are available and the court staff or an advocate (a non-lawyer helper) may help you file a Petition (that tells the court what you want) and an Affidavit (that tells the court what happened). If you need immediate protection because you believe you are in danger, ask for an Emergency (Ex Parte) Order. This is an order signed the same day you apply, before the abuser knows about the action. An Emergency (Ex Parte) Order will give you immediate protection once it is served on the abuser until there is a hearing. There are no fees for an Order For Protection.


YOU DO NOT HAVE TO HAVE A LAWYER.


In most cases, the court will set a hearing date for no more than 14 days after you apply for an Order For Protection; seven days if you have received an Emergency (Ex Parte) Order For Protection. The law gives you the option of obtaining an Order For Protection without ever having a hearing. See below for more information on this option. When you go to the courtroom, it is helpful to bring with you:

1) a picture of the abuser, if you have one;
2) the abuser's home address and work address;
3) written notes describing the abuse and when it happened; and
4) any pictures, police reports, or medical reports related to the abuse.

For further informaion, contact an Illinois Order of Protection Attorney.