If you are in immediate danger, call 911. This article explains the law; it is not a substitute for emergency help.
Who the Act protects
The Illinois Domestic Violence Act of 1986 is a civil law. It is found at 750 ILCS 60 and has four articles: general provisions, orders of protection, law enforcement responsibilities and health care providers. Section 201 protects any person abused by a family or household member, any minor child or dependent adult in that person's care, a high-risk adult with disabilities who is abused, neglected or exploited by a family or household member, and people living or working in a home or shelter that houses an abused family or household member. It also covers certain foster, adoptive and guardian parents abused by a family or household member of the child.
"Abuse" under section 103 means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation. It does not include a parent's reasonable direction of a minor child. Harassment is knowing conduct that serves no reasonable purpose, would cause a reasonable person emotional distress, and does cause the petitioner emotional distress. The statute presumes distress from conduct such as repeated calls to the petitioner's home or work, repeated following or surveillance, threats of physical force, or improperly hiding a child. Public Act 104-754 adds electronic tracking and other online conduct to that list beginning January 1, 2027.
Family or household members
The definition is broad. It includes spouses and former spouses, parents, children, stepchildren and other relatives by blood or marriage, people who live or used to live together, people who have or allegedly have a child in common, people who share or allegedly share a blood relationship through a child, people with disabilities and their personal assistants, and certain caregivers.
Dating relationships
People who have or have had a dating or engagement relationship are family or household members under the Act. A casual acquaintance or ordinary socializing in business or social settings does not count as a dating relationship.
Emergency, interim and plenary orders
Section 205 says the standard of proof is a preponderance of the evidence, and section 214(a) says the court may not require physical marks of abuse. There are three types of orders.
- Emergency order (section 217). Issued without notice to the respondent if the petitioner shows good cause, such as harm that would likely occur if the respondent were warned. It cannot include counseling, legal custody, support or money remedies. Under section 220, it lasts at least 14 and no more than 21 days. Section 217(c) allows emergency orders when the court is closed, before an available judge.
- 30-day interim order (section 218). Requires notice of the hearing and either an appearance by the respondent, service of process, or diligent efforts to serve. It lasts up to 30 days.
- Plenary order (section 219). Issued after notice and service, once the respondent has answered or is in default. Under section 220, a plenary order lasts for a fixed period of no more than 2 years, unless it is tied to another case, such as a pending divorce.
Orders can be extended. Starting January 1, 2027, Public Act 104-754 says the court must grant a requested extension of a plenary order when the section 219 requirements are met and nothing material has changed, and may not deny it only because there was no new abuse. Extensions longer than 2 years require good cause.
Remedies the court can order
Section 214(b) lists the remedies. Under sections 217 to 219, the petitioner must request each remedy and show that its requirements are met. These are the remedies you are most likely to see by number in an order.
| Remedy | What it does |
|---|---|
| (1) | Prohibits abuse, neglect or exploitation |
| (2) | Gives the petitioner exclusive possession of a residence the petitioner has a right to occupy |
| (3) | Stay away order and other prohibitions |
| (4) | Counseling |
| (5) to (8) | Physical care of a child, temporary decision-making, parenting time limits, and orders against removing or hiding a child |
| (10), (11), (11.5) | Possession and protection of personal property and protection of animals |
| (12) and (13) | Temporary support and payment of losses, such as medical bills or moving costs |
| (14) and (14.5) | Prohibition of entry while the respondent is under the influence of alcohol or drugs, and a prohibition on possessing firearms |
| (15) to (18) | Denial of access to a child's school and other records, reimbursement of shelter costs, other injunctive relief, and transfer of a wireless phone number |
When an order addresses children, section 214(b)(7) requires the court to restrict or deny the respondent's parenting time if it finds the respondent has done or is likely to do certain things, such as abuse or endanger the child or use parenting time to harass the petitioner. Any parenting time granted must be spelled out with dates and times or other specific conditions. Support under remedy (12) follows the Illinois Marriage and Dissolution of Marriage Act.
Violations and enforcement
Section 223 makes a knowing violation of remedies (1), (2), (3), (14) or (14.5) the crime of violating an order of protection. Knowingly violating the child-related remedies (5), (6) or (8) can be prosecuted as child abduction. Any violation can also be enforced through civil or criminal contempt. Section 215 bars mutual orders of protection, and section 226 allows the court to award expenses and fees against a party whose allegations were made without reasonable cause and found untrue.
This article covers the civil side only. If you have been arrested or charged with violating an order of protection or any related crime, speak with a criminal defense lawyer.
Stalking and civil no contact orders for people outside the Act
Some people need protection from someone who is not a family or household member. Two related laws fill that gap.
- Stalking No Contact Order Act (740 ILCS 21). Section 15 allows a petition when relief is not available under the Domestic Violence Act. Stalking requires a course of conduct, which section 10 defines as 2 or more acts, such as following, monitoring or threatening a person.
- Civil No Contact Order Act (740 ILCS 22). Section 201 protects victims of non-consensual sexual conduct or penetration, including a single incident.
Both acts offer emergency orders lasting 14 to 21 days and plenary orders lasting up to 2 years. Our post on orders of protection, stalking and civil no contact orders compares them.
How it works in Cook County
- File the petition. Section 202 allows filing in person or online, and the clerk charges no fee to file, amend or certify the petition or orders. In Cook County, the Domestic Violence Division's main courthouse is the Domestic Violence Courthouse, 555 W. Harrison St., Chicago, and petitions are also heard at the suburban district courthouses. If a divorce or parentage case is already pending, the petition can be filed in that case, and the Domestic Relations Division hears it.
- Ask for an emergency order if notice would put you at risk. The court posts after-hours remote hearing times for emergency orders on its courthouse page, and our after-hours emergency order page explains the process.
- Have the respondent served and return for the interim or plenary hearing.
- Present testimony and evidence at the plenary hearing.
Bring dated texts, emails, photos, police report numbers, medical records, names of witnesses, any existing court orders, and information about children and firearms. Our step-by-step guide to getting an order of protection in Chicago has more detail.
A respondent can file an appearance, testify at the interim hearing under section 218(b) and contest the plenary petition. Section 224 also lets a respondent ask the court to change parenting or support terms, or to rehear an emergency or interim order entered without notice. See how to respond to an order of protection.
Common mistakes
- Asking for remedies without explaining the facts that support each one.
- Leaving out children, pets or property that need protection in the petition.
- Missing the next court date. An emergency order ends on its stated date unless the court extends it.
- Contacting the protected person after being served, even to "fix things."
- Assuming an order of protection ends a divorce or parenting case. It does not.
How Chicago Family Attorneys can help
- Prepare petitions for emergency, interim and plenary orders of protection.
- Represent petitioners and respondents at hearings in Cook, DuPage, Will and Lake Counties.
- Coordinate the order of protection with a pending divorce, parentage or parenting case.
- Seek extensions, modifications or enforcement of existing orders.
- Offer limited scope help: document drafting from $500 or one hearing appearance from $1,200.
There is no court filing fee for an order of protection. Full representation starts with 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 the order of protection cost page, our order of protection services page, whether you need a lawyer for an order of protection, and our post on alcohol and orders of protection.
This article is general information about Illinois law, not legal advice for your situation, and it does not predict the outcome of any case.
