How to Drop or Extend an Order of Protection in Illinois

Can you drop an order of protection in Illinois?

Not on your own. An order of protection is a court order, so before it expires, only the judge can dismiss, vacate, modify or extend it. Until the judge rules or the order expires, it stays in effect as written, even if the petitioner no longer wants it. The same is true whether you call it dismissing, removing or dropping the order.

The Illinois Domestic Violence Act sets how long each order lasts, unless it is re-opened, extended or replaced (750 ILCS 60/220), and it gives the court the power to modify and re-open orders on a motion or petition (750 ILCS 60/224). Section 224 also says it does not limit other ways the law allows to vacate or modify an order (224(f)).

If you are in immediate danger, call 911. For domestic violence advocacy, the Circuit Court of Cook County lists the Illinois Domestic Violence Hotline at (877) 863-6338 (Domestic Violence Division).

If you are the petitioner and want the order dropped

Here is how to drop an order of protection you asked for: ask the judge, in writing or at the next court date, to dismiss the case or to vacate or change the order. The order stays in place until the judge rules on your request or the order expires, so keep a copy with you until then.

Asking to dismiss the petition before a plenary order

If only an emergency or interim order has been entered, you can tell the judge at the next court date that you do not want to go forward, or file a motion before then. Order of protection cases follow the rules of civil procedure (750 ILCS 60/205(a)). The judge may ask you questions in court before ruling.

Asking to vacate or change an order already entered

A petitioner can ask the court to change an order as well as end it. On the petitioner's motion, the court may add or alter remedies if the respondent has abused the petitioner since the hearing. Otherwise it may add a remedy that was reserved, was not requested, or was denied on procedural grounds rather than on the merits (224(a)).

Timing matters for a plenary order. After 30 days following entry of a plenary order, the court may modify it only when changes in the applicable law or facts since the order was entered warrant it (224(c)).

Safety planning first

Before you ask to drop an order, think through your safety and your children's safety. A domestic violence advocate can help you make a safety plan, whether or not you go forward with the case. If anyone is pressuring you to drop the order, you can tell the judge.

If you are the respondent and want the order vacated

Ask the court, and keep obeying the order while you wait. A respondent can petition to re-hear an emergency or interim order, ask to modify parenting or support terms, and, after a plenary order, seek a change based on new law or facts.

Re-hearing an emergency or interim order

A respondent subject to an emergency or interim order may petition the court to re-hear the original or amended petition, on 2 days' notice to the petitioner or shorter notice the court sets (224(d)). The petition must be verified. It must allege that the respondent did not receive prior notice of the initial hearing, and that the respondent had a meritorious defense to the order or a remedy, or that the order or a remedy was not authorized by the Act.

If the order gave the petitioner exclusive possession of a home and the respondent asks to re-open or vacate that grant, the court must set a hearing within 14 days on the exclusive possession issues (224(e)).

Changing parenting time or support terms

Either the petitioner or the respondent may ask the court to modify an order's remedy for custody, visitation or support under the relevant provisions of the Illinois Marriage and Dissolution of Marriage Act (224(b)). Illinois now calls custody and visitation "parental responsibilities" and "parenting time." Our guide to orders of protection in child custody cases explains how the two cases fit together.

Changes more than 30 days after a plenary order

The 30-day rule in Section 224(c) applies to respondents too: after 30 days, a plenary order may be modified only for changes in the law or the facts since it was entered. Other routes to vacate an order may also be available. Our guide to motions to vacate in Illinois family law cases describes them, and our guide on how to respond to an order of protection covers the first days after service.

Why contact during a pending request can be a crime

Because the order stays in force while any request to drop or change it is pending, and knowingly violating key terms is a crime. A person commits violation of an order of protection by knowingly breaking certain remedies after being served or otherwise learning what the order says (720 ILCS 5/12-3.4(a)). The listed remedies are the prohibition of abuse, exclusive possession of the residence, stay-away orders and additional prohibitions, prohibition of entry, and the firearm terms (750 ILCS 60/214(b)(1), (2), (3), (14) and (14.5)), plus any other remedy when the act is itself a crime against the protected parties.

Violation of an order of protection 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 (12-3.4(d)). Courts can also enforce their orders through civil or criminal contempt (12-3.4(b)).

The order restricts the respondent. A call, text or invitation from the petitioner does not change what the order says; only the judge can. If the petitioner reaches out, do not reply, save the message, and tell your lawyer.

The firm handles the civil order of protection case only. Anyone charged with a violation should talk with a criminal defense lawyer.

How to extend an order of protection

The petitioner files a motion to extend before the order expires, and the judge decides it in open court. The rules for plenary orders change on January 1, 2027, when Public Act 104-754 takes effect, so check the current text of 750 ILCS 60/220 on the day you file.

Plan around the end date. A plenary order entered on its own is valid for a fixed period of up to two years. One entered as preliminary relief in another civil case, such as a divorce, lasts until final judgment in that case, and one made part of the final judgment lasts until it is vacated or modified (220(b)). An order that would expire on a court holiday expires at the close of the next court business day (220(f)).

The rule through December 31, 2026

Under the current text, any emergency, interim or plenary order may be extended one or more times, as long as the requirements for that type of order are met (220(e)). If the extension is uncontested and the petitioner asks for no change, the order may be extended on the petitioner's motion or affidavit. It must state that there has been no material change in relevant circumstances and give the reason for the extension. A plenary order may be extended, on good cause shown, until it is vacated or modified. Extensions are granted only in open court.

What changes on January 1, 2027

Under the amended text, the court shall grant a petitioner's motion to extend a plenary order if the Section 219 requirements are met and there has been no material change in the relevant circumstances. The court shall not deny the motion only because there was no new violation of the order or new abuse. A violation or new incident is also not required to extend an emergency or interim order.

An extension may be for any fixed period or until the order is vacated or modified. An extension longer than 2 years requires a finding of good cause. If the respondent does not contest the motion after service under Supreme Court Rules 11, 12 and 105, the court may rule on the petitioner's motion and affidavit alone.

If the plenary order would expire before the next available court date, the court date must be expedited, and the court may extend the order on an emergency basis pending a hearing. If the order expires before the hearing, the court may reinstate and extend it upon hearing. Extensions are still granted only in open court.

Getting help with a motion to drop, change or extend

A lawyer can prepare the motion or petition, serve it correctly and present it in court, for either side. Chicago Family Attorneys handles civil order of protection cases in Chicago and Cook, DuPage, Lake and Will Counties, from its office in Chicago. Our order of protection lawyer page explains how the firm helps petitioners and respondents.

Limited scope help covers drafting from $500 and one hearing appearance from $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 cost in Chicago. Fees are confirmed in writing before you engage the firm, and no lawyer can promise a particular result.

Consultations are by phone; a free weekend consultation is available by Zoom. Call 312-965-5618. For background on the law itself, read the Illinois Domestic Violence Act, and for other kinds of protective orders, see stalking and civil no contact orders.