Do I Need a Lawyer for an Order of Protection?

You can file without a lawyer, but the plenary hearing is a trial

Orders of protection come from the Illinois Domestic Violence Act of 1986 (750 ILCS 60). The system is built so a person can file alone. Statewide order of protection forms are available. Under section 202(b), the clerk may not charge a fee to file, and the sheriff may not charge to serve the petition or order.

The first step is often an emergency order. Under section 217, a judge can enter an emergency order without notice to the other person. For most remedies, such as no-abuse and stay-away terms, the petitioner must show that warning the other person would likely lead to the harm the remedy is meant to prevent. Removing someone from a shared home has its own test, which weighs the danger of further abuse against the hardship to the person removed. Under section 220, an emergency order lasts 14 to 21 days, and an interim order can last up to 30 days. You can ask for an emergency order without a lawyer.

The next step is different. A plenary order requires notice to the respondent and proof that meets the requirements of section 214 for each remedy (section 219). On its own, a plenary order lasts for a fixed period of up to two years. If it is entered in a divorce or other civil case, it can last until that case ends or, if it becomes part of the final judgment, until a court vacates or modifies it (section 220(b)). If the respondent contests the petition, the plenary hearing is a trial. Each side can testify, call witnesses, offer exhibits and cross-examine. The judge then decides which remedies, if any, to grant.

When a lawyer matters most

Contested plenary hearings

If the other side has a lawyer, plans to fight the order or has witnesses, you face a real trial. A lawyer can organize your evidence, prepare your testimony, question witnesses and make sure the record supports each remedy you ask for.

Orders that include custody, the home or firearms

An order of protection can do much more than tell someone to stay away. Section 214 lists remedies that include exclusive possession of a home, physical care and possession of children, parenting time terms, temporary support and a ban on possessing firearms. Some remedies need more than an emergency hearing. Under section 217(a), an emergency order may not include counseling, legal custody, support or monetary compensation. When the home, children or firearms are at stake, careful preparation matters for both sides.

Overlapping divorce or criminal cases

If a divorce or parentage case is already pending, the order of protection is often handled in that case. In Cook County, the Domestic Relations Division hears civil orders of protection filed with a pending domestic relations case. What happens in the protection case can shape temporary parenting time and who stays in the home.

A criminal case can run at the same time. Under section 202(c), a civil order of protection case cannot be dismissed just because the respondent is being prosecuted for a crime against the petitioner. If you are a respondent facing a criminal charge, you need a criminal defense lawyer for that case. Chicago Family Attorneys handles only the family law side. Talk with your criminal defense lawyer before you testify in the civil case.

What a lawyer does for a petitioner

• Drafts the petition with specific incidents, dates and threats, and asks for the remedies that fit, such as stay-away places, the home, children and firearms.
• Helps with the emergency hearing, in person or remote.
• Tracks service on the respondent and the next court date.
• Prepares evidence and witnesses for the plenary hearing.
• Coordinates the order with a pending divorce or parentage case.
• Later asks the court to extend, modify or enforce the order when needed.

A lawyer does not replace a domestic violence advocate. Advocates help with safety planning and court support. A lawyer handles the legal case. You can have both.

What a lawyer does for a respondent

If you were served, read the order today and follow it exactly, even if you believe the petition is untrue. Do not contact the petitioner to talk it through. After you have notice of the order, knowingly violating certain terms, such as no-abuse, stay-away, exclusive possession or firearm terms, is a crime under 720 ILCS 5/12-3.4. Our guide on how to respond to an order of protection explains each step.

• Reviews the petition and order and explains each remedy.
• Files an appearance and prepares for the next court date.
• Gathers evidence and witnesses and prepares your testimony.
• Challenges remedies the facts or the law do not support.
• Addresses parenting time, the home and firearm terms.
• Coordinates with your criminal defense lawyer if you have been charged.

How the process works in Cook County

1. File the petition. File in person at the Clerk's Office at 555 W. Harrison St. in Chicago, or at the suburban municipal courthouse for your district, before 4:30 p.m. on weekdays. You can also e-file through Odyssey eFileIL before 3 p.m. on weekdays. Court holidays are excluded.
2. Check in. At the Chicago Domestic Violence Courthouse, go to Room 1400 and check in at the help desk.
3. Emergency hearing. The hearing may be in person or on Zoom. The court also offers remote emergency hearings at set times outside regular hours. See our after-hours emergency order guide.
4. Service. If the judge grants an emergency order, it lists the next court date, time and courtroom. The respondent must be served.
5. Return date. Both sides come back for the plenary hearing or a continued date.
6. Plenary order. The judge enters, denies or continues the request. A stand-alone plenary order can last up to two years, and any plenary order may be extended.

For the full walkthrough, read how to get an order of protection in Chicago and Attorney Aaron Korson's overview of orders of protection in Cook County.

Free help in Cook County

Illinois Domestic Violence Hotline

The hotline is available 24 hours a day at (877) 863-6338, with help in more than 240 languages. You do not need a court case to call.

Court advocates

Domestic violence advocacy organizations are located in many Cook County courthouses and may assist people seeking or responding to orders of protection, although an advocate may not always be available right away. Legal aid and court help desks may also help, depending on eligibility. Our page on free and low-cost family law help in Chicago lists options.

Common mistakes on both sides

• Leaving out dates, specific incidents and exact words of threats.
• Coming to the hearing without texts, photos, reports or witnesses.
• Missing a court date. A respondent who was served and does not appear can be found in default (section 219).
• Contacting the other person while an order is in place, even when invited.
• Agreeing to an order without reading every term, especially terms about children, the home and firearms.
• Testifying in the civil case about events that are also part of a criminal charge without first talking to a criminal defense lawyer.

How Chicago Family Attorneys handles order of protection cases

Chicago Family Attorneys, LLC represents petitioners and respondents in civil order of protection cases in Cook, DuPage, Will and Lake Counties. The firm practices only family law and does not handle criminal charges. Our Chicago order of protection attorneys handle:

• Petitions and emergency hearings.
• Plenary hearings for petitioners and respondents.
• Orders filed in a pending divorce or parentage case.
• Terms about parenting time, the home and support.
• Extensions, modifications and motions to vacate.
• Limited-scope drafting and single-hearing appearances.

There is no court filing fee for an order of protection. For limited-scope help, drafting a petition for an order of protection for you to file starts at $500, and appearing for you at one hearing starts at $1,200. Full representation is 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. See order of protection lawyer fees. The judge decides each case on its facts, and no lawyer can promise a result.

Related reading: orders of protection in Illinois custody cases and stalking and civil no contact orders.