What is a protective order? A protective order is a court order that stops or prevents another person from engaging in abusive behavior such as physical or mental abuse, harassment or stalking.
In some situations, the orders can be used to determine child custody, child support or counseling arrangements.
Who can obtain a protective order? Adults in Illinois may obtain protective orders from either their nearest courthouse, the courthouse where property is located if the property is part of the order, or the courthouse where a related case (for instance a divorce or criminal case) is already taking place.
Minors are generally allowed to obtain protective orders themselves in these same locations; however, in Cook County a parent or guardian must file on behalf of the minor.
Who can I obtain a protective order against? You can only file for protective orders against household and family members.
This includes relatives like spouses and ex-spouses, children, parents and siblings and household members like live-in boyfriends and girlfriends or roommates.
You may also apply for an order against certain other individuals, even if you are not related and they never lived in your household, including current and ex-significant others, caregivers, and the other parent of your child.
Do protective orders apply to same-sex partners? Yes, all the rules for protective orders apply equally to people involved in same-sex relationships.
What are the three types of protective orders? Depending on the situation, you can obtain an emergency, interim or plenary protective order.
You can receive an emergency order without the other party appearing in court.
The order will typically last between 14 and 21 days, until a formal hearing can be scheduled.
A plenary order is permanent, lasting up to 2 years with unlimited renewals, if appropriate.
The plenary order is issued only after a formal hearing where both parties argue before the court whether they think the order is needed.
An interim order is issued by the court, if necessary, to extend the protective order between the end of the emergency order and the hearing for the plenary order.
Both parties will need to appear before the court before the interim order is issued.
When is a criminal protective order appropriate? A criminal protective order is used when the other person has already committed a crime against you, such as abuse or harassment.
As long as you agree to press charges and testify against the other person, you will receive the protective order you request.
However, the order typically ends once the case is over.
In addition, criminal protective orders do not apply to issues involving child custody, child support or counseling.
When is a civil protective order appropriate? The benefit of a civil protective order is that you can obtain it before you have been mentally or physically harmed by another person and, if you receive a plenary order, it can be renewed indefinitely, if appropriate.
You should file the petition for the order with the county clerk.
Be sure to bring detailed information on specific behaviors, including dates if possible, that make you feel the order is necessary.
This information is used to establish a "pattern of abuse" which is necessary to obtain the order.
If you are submitting a petition for an emergency order, the judge will review it, decide whether to grant your order, and if your emergency order is granted, will schedule a date for a plenary order hearing.
If you submit a petition for a plenary order, the judge will schedule the plenary order hearing date.
If a plenary order is schedule for you, you must attend - if you don't attend, your order won't be granted.
Can I violate the protective order? If you have had a protective order filed against you, you must obey the order.
Violating the order can be punishable by fines or even by jail time.
If you disagree with the order, you must attend or schedule a hearing in court and try to have the order lifted.
Until the order is lifted, you must obey, or you will face penalties.