Order of Protection Lawyer in Chicago for Petitioners and Respondents

How an order of protection lawyer in Chicago can help

An order of protection is a civil court order that restricts what a person may do, such as contacting you, coming to your home or keeping firearms. Many people call it a restraining order or a protective order; in Illinois, the formal name is an order of protection, and it is governed by the Illinois Domestic Violence Act of 1986 (750 ILCS 60).

Chicago Family Attorneys LLC handles civil order of protection matters as part of an Illinois family law practice, for both sides:

• Petitioners, the people asking for protection: deciding which order fits, preparing the petition and supporting facts, asking for an emergency order and presenting the case at the plenary hearing.
• Respondents, the people an order is sought against: reviewing the petition and any emergency order, explaining what the order requires, preparing an order of protection defense for the hearing and presenting evidence and testimony in response.

The firm also handles Stalking No Contact Order and Civil No Contact Order cases. If you are looking for a domestic violence lawyer for the civil side of a case, such as an order of protection and its effect on parenting time or a shared home, the firm can help. The firm's practice is limited to family law: if a criminal charge is pending, that case needs a criminal defense lawyer.

Restraining order, protective order or order of protection: which applies?

Illinois has several protective orders, and the right one depends on the relationship between the people involved and the conduct. The Circuit Court of Cook County lists five:

• Order of protection under the Illinois Domestic Violence Act, for abuse by a family or household member.
• Stalking No Contact Order under the Stalking No Contact Order Act (740 ILCS 21), for stalking when relief is not available under the Domestic Violence Act, often because the people do not have a family or household relationship.
• Civil No Contact Order under the Civil No Contact Order Act (740 ILCS 22), for nonconsensual sexual conduct or penetration.
• Workplace Violence Prevention Act order, which an employer may seek to protect an employee.
• Firearms Restraining Order, which removes firearms from a person who poses a danger to themselves or others.

Since September 21, 2026, Stalking No Contact Order cases filed within the City of Chicago are heard in the First Municipal District at the Daley Center, under the court's General Administrative Order 2026-18. Compare the options in Illinois protection orders versus stalking and civil no contact orders.

Who can ask for an order of protection in Illinois

A person abused by a family or household member can petition, and a petition can also be filed on behalf of a child or an adult who cannot file because of age, health or disability (750 ILCS 60/201). Under the Act, family or household members include people who:

• are related by blood or by a current or former marriage;
• share or used to share a home;
• have or are alleged to have a child in common, or a blood relationship through a child;
• have or had a dating relationship or engagement; or
• have a relationship as a person with a disability and that person's personal assistant or caregiver.

"Abuse" is defined in the Act (750 ILCS 60/103). It includes physical abuse, harassment, intimidation of a dependent, interference with personal liberty and willful deprivation. It does not include a parent's reasonable direction of a minor child. If the relationship does not qualify, a Stalking No Contact Order or Civil No Contact Order may be the correct path.

Emergency, interim and plenary orders of protection

An Illinois order of protection can be entered in three stages, each with different notice rules and a different length (750 ILCS 60/217, 218, 219 and 220).

How long does a temporary order of protection last in Illinois?

An emergency order of protection lasts 14 to 21 days, and an interim order can last up to 30 days, unless the order is reopened, extended or replaced by an order of longer duration. A plenary order, entered after notice and a hearing, generally lasts up to two years, and one entered as part of a divorce or parentage case can last longer (750 ILCS 60/220).

Emergency order of protection (ex parte)

A judge can enter an emergency order of protection ex parte, meaning without notice to the respondent, when the petitioner shows good cause, including that the harm the order is meant to prevent would likely occur if the respondent were told in advance. Emergency relief is not automatic, and some remedies, such as support payments, are not available at this stage. An emergency order lasts 14 to 21 days unless it is extended or replaced. For filing outside court hours, see emergency orders of protection after hours.

Interim order of protection

An interim order can last up to 30 days. It is commonly used after the respondent has been served or has appeared, or when the petitioner has diligently tried to serve the respondent, while the case waits for the plenary hearing.

Plenary order of protection

A plenary order is entered after the respondent has notice and an opportunity to be heard. At the hearing, the petitioner must prove abuse by a preponderance of the evidence. A plenary order generally lasts up to two years and can be extended in some circumstances. Read the actual order for its expiration date.

What an order of protection can require

The Act lists the remedies a court can order, and the court grants each one only when its requirements are met (750 ILCS 60/214). In plain English, an order can:

• prohibit the respondent from abusing, harassing or intimidating the protected people;
• order the respondent to stay away from the petitioner and from places such as the home, a workplace or a school;
• give the petitioner exclusive possession of a shared residence;
• order counseling;
• give the petitioner physical care and possession of a child, allocate significant decision-making for a child on a temporary basis, and set, limit or condition parenting time;
• prohibit the respondent from removing or concealing a child;
• protect personal property and pets;
• order support and payment for losses caused by the abuse;
• prohibit the respondent from possessing firearms and require them to be turned over; and
• prohibit the respondent from accessing a protected child's school or medical records.

Some of these remedies, including counseling, temporary decision-making for a child, support and payment for losses, cannot be part of an emergency order. Knowingly violating an order of protection is a criminal offense in Illinois (720 ILCS 5/12-3.4), and police can enforce the order. Only a judge can change or end it. If the protected person invites contact, the order still applies until a judge changes it.

What happens if someone violates an order of protection in Illinois?

Violating an order of protection can be a crime. Once the respondent has been served or otherwise knows what the order says, knowingly violating its core terms, such as the ban on abuse or harassment, a stay-away order, exclusive possession of the home or the firearms ban, is a Class A misdemeanor. It is a Class 4 felony if the person has certain prior convictions, including domestic battery or an earlier violation of an order of protection (720 ILCS 5/12-3.4). A violation can also be enforced through civil or criminal contempt of court (750 ILCS 60/223).

If the court imposes jail or prison, the term for a Class A misdemeanor is less than one year (730 ILCS 5/5-4.5-55), and for a Class 4 felony it is one to three years, or three to six years for an extended term (730 ILCS 5/5-4.5-45). For a second or later violation, the court must impose at least 24 hours of imprisonment unless it finds that would be manifestly unjust (720 ILCS 5/12-3.4(d)). The criminal court sets the sentence in each case, so a respondent who is charged should talk to a criminal defense lawyer.

If you are protected by the order and you are in danger, call 911, then write down the date, time and what happened. If you are the respondent, follow the order exactly, even if the protected person contacts you; only a judge can change it.

How the order of protection process works in Cook County

1. Choose the right court. City of Chicago petitions are handled by the Domestic Violence Division at the Domestic Violence Courthouse, 555 W. Harrison St. Suburban petitioners can file at the Cook County suburban district courthouse for their residential district. If a divorce or parenting case is already pending between the parties, the petition can be filed in that case in the Domestic Relations Division (750 ILCS 60/202).
2. File the petition. During business hours, petitions can be e-filed or submitted in person with the Clerk. Illinois Legal Aid Online offers a free guided form.
3. Emergency hearing. The judge reviews the petition and the petitioner's testimony and decides whether to enter an emergency order. If emergency relief is denied, the petition can generally still proceed to a hearing after notice.
4. Service by the sheriff. The sheriff serves the respondent with the petition, any emergency order and the next court date.
5. Plenary hearing. Both sides appear, in person or remotely as the court directs, and the judge decides whether to enter a plenary order and which remedies to include.

Illinois charges no filing fee for an order of protection. For a fuller walkthrough, read how to get an order of protection in Chicago, step by step.

Order of protection defense: if you were served

Being served with an emergency order is stressful, and what you do in the first days matters. This section is for respondents.

What if the order has not been served yet?

Unless the respondent was in court when the order was entered, the sheriff, another law enforcement official or a special process server must promptly serve the order, or a short form notification of it, and file proof of service (750 ILCS 60/222(c)). If service is not complete by the next court date, the court can extend an emergency order, and it can enter an interim order of up to 30 days while the petitioner is diligently trying to complete service (750 ILCS 60/218(a)(3); 750 ILCS 60/220(e)). Violating an order can be charged as a crime once the respondent has been served or otherwise knows what it says (720 ILCS 5/12-3.4), so a respondent who learns of an order should follow it while service is pending. Before the next court date, ask the Clerk or the sheriff whether service has been completed, and bring the order and any proof of service to court.

What happens after you are served

The sheriff hands you the petition, any emergency order and a notice of the next court date. An emergency order is enforceable as soon as you are served, even though you were not at the hearing where it was entered. Read every page: the order lists what you must not do, the places you must stay away from, any child-related terms and the date it expires.

• Follow every term, even if you believe the allegations are false.
• Do not contact the petitioner directly or through friends, family or social media unless the order allows it. Contact to "talk it out" can be a violation.
• If the order gives the petitioner possession of the home, arrange to collect personal belongings only as the order or the court allows, often with a police escort.
• If the order requires you to turn over firearms or affects your FOID card, comply and ask about the process.
• Write down the court date and plan to attend. If you do not appear, the court can enter a plenary order without hearing from you.

Reopening or modifying an emergency order

The Act provides a procedure for a respondent to ask the court to reopen or modify an emergency order before the plenary hearing. Deadlines and notice rules apply, so talk to a lawyer as soon as you are served.

Preparing for the plenary hearing

At the plenary hearing, the petitioner must prove abuse by a preponderance of the evidence. You can testify, cross-examine the petitioner and other witnesses, and offer evidence of your own, such as messages, call logs, photos, records that show where you were and witnesses who saw the events. Organize these by the dates in the petition. Either side may ask for more time to prepare, and the judge decides whether to continue the hearing.

Effects on parenting time, the home and other cases

A plenary order generally lasts up to two years, and one entered in a divorce or parentage case can last longer (750 ILCS 60/220). It can affect parenting time, possession of the home and firearm rights. If you and the petitioner share children or have a divorce case, bring those orders to your consultation. If the same events led to a criminal charge, the criminal case runs separately, and anything you say in the civil case can matter there, so talk to a criminal defense lawyer about that case.

Orders of protection in divorce and parenting cases

An order of protection can be requested on its own or within a pending divorce or parentage case. When it is part of a family case, the protection request is heard together with issues such as temporary parenting time, decision-making and possession of the home. Illinois family law also allows a temporary allocation of parental responsibilities while a case is pending (750 ILCS 5/603.5). If you are dealing with both, review orders of protection in Illinois child custody cases and the firm's emergency child custody and child custody pages.

Where the firm handles order of protection cases

• Chicago: Domestic Violence Courthouse, 555 W. Harrison St., Chicago, IL 60607; and the Richard J. Daley Center, 50 W. Washington St., when a Domestic Relations case is pending.
• Cook County suburban district courthouses: Skokie, Rolling Meadows, Maywood, Bridgeview and Markham.
• DuPage County: 505 N. County Farm Rd., Wheaton.
• Will County: Will County Courthouse, 100 W. Jefferson St., Joliet.
• Lake County: Lake County Courthouse, 18 N. County St., Waukegan.

Court procedures and hearing formats change, so confirm the current filing instructions with the court before you go. The firm's Cook County family law services page covers related divorce and parenting matters.

Your first consultation with an order of protection attorney

The firm offers a free initial consultation for people seeking to hire a lawyer. Call 312-965-5618; the firm takes emergency calls 24 hours a day, 7 days a week. To make the conversation useful, have ready:

• the petition, any emergency order and the hearing notice, if you have them;
• a dated list of the incidents involved, with any police report numbers;
• messages, photos or other records connected to those dates; and
• any existing divorce, parenting or support orders.

If it is not safe for someone to see your messages or call history, tell us the safest way to reach you. Services are available in English and Spanish; see abogados de órdenes de protección en Chicago.

Order of protection lawyer fees, as published

Illinois charges no filing fee for an order of protection. Attorney fees depend on the help you need, whether you are seeking an order or responding to one:

• Limited-scope drafting: preparing a petition for you to file, from $500.
• Limited-scope hearing appearance: appearing for you at one hearing, from $1,200.
• Full representation: an initial payment of $1,500 to $2,500, then $500 to $650 per month beginning 30 days after the initial payment while representation remains active.

Your fee and scope are confirmed in writing before you engage the firm. See order of protection lawyer cost in Chicago and limited-scope representation fees.

If you are in danger now

Call 911 if you are in immediate danger. The Illinois Domestic Violence Hotline, (877) 863-6338, is free, confidential and available 24 hours a day, with help in many languages. The National Domestic Violence Hotline is (800) 799-7233. A domestic violence advocate can help with safety planning and with filing a petition, whether or not you hire a lawyer.