Order of Protection Hearing in Illinois

What is an order of protection hearing?

An order of protection hearing is a court date where a judge decides whether to enter, continue or deny an order under the Illinois Domestic Violence Act. The hearing most people mean is the plenary hearing, where the judge decides on a longer order after the respondent has notice of the case. For the filing steps that come before it, see how to get an order of protection in Chicago.

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.

Emergency, interim and plenary orders

Illinois has three kinds of orders of protection, each with its own rules.

• Emergency order. A judge can enter it without prior notice to the respondent. For each remedy, the petitioner must show good cause, which for most remedies means the harm the remedy is meant to prevent would likely happen if the respondent were warned first (750 ILCS 60/217(a)). An emergency order cannot include counseling, legal custody, support or money payments.
• Interim order. It requires notice of the hearing, plus an appearance by the respondent, completed service, or the petitioner's diligent attempts to complete service (750 ILCS 60/218(a)).
• Plenary order. This is the longer order. It requires notice of the hearing, an appearance by the respondent or service on the respondent, and that the respondent has answered or is in default (750 ILCS 60/219).

Where Cook County hearings take place

In Cook County, the Domestic Violence Division hears civil orders of protection. Its main location is the Domestic Violence Courthouse at 555 W. Harrison St. in Chicago. The court also says that requests for protective orders are heard at each of the five suburban courthouses (Circuit Court of Cook County, Domestic Violence Division).

A petition filed while a divorce case is pending may be heard in the Domestic Relations Division, which lists "Civil Orders of Protection Filed in Conjunction with a Pending Domestic Relations Proceeding" among its cases. Your papers list the court date, time and courtroom, and whether the hearing is remote.

How long does a temporary order of protection last?

An emergency order lasts at least 14 and no more than 21 days, and an interim order of protection lasts up to 30 days, unless the court re-opens or extends it or enters a longer order (750 ILCS 60/220(a)). That is why an emergency order lists a return date, when the petitioner can ask for a plenary order.

An order that would expire on a court holiday instead expires at the close of the next court business day (220(f)). If the hearing does not go forward on the return date, ask whether the order was extended, and read the new order before you leave.

What the petitioner must prove

The petitioner must prove abuse by a family or household member. If the court finds that abuse, an order prohibiting it shall issue, as long as the petitioner also meets the requirements for an emergency, interim or plenary order (750 ILCS 60/214(a)).

Abuse by a family or household member

Under the Act, abuse means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation (750 ILCS 60/103(1)).

Harassment has its own definition: knowing conduct that is not necessary to accomplish a purpose that is reasonable under the circumstances, would cause a reasonable person emotional distress, and does cause the petitioner emotional distress (103(7)).

Family or household members include spouses and former spouses, parents and children, people who share or formerly shared a home, people who have or allegedly have a child in common, and people who have or have had a dating or engagement relationship (103(6)).

The court may not require physical signs of abuse on the petitioner's body before it issues an order (214(a)).

The preponderance of the evidence standard

Order of protection cases follow the rules of civil procedure. The standard of proof is a preponderance of the evidence, whether the case is heard in civil or criminal court (750 ILCS 60/205(a)).

How to prepare for the hearing

Prepare by organizing your evidence around the dates in the petition, confirming your witnesses, and bringing copies for the judge and the other side.

Evidence tied to the dates in the petition

List each date and event the petition describes. Then gather what shows what happened on those dates:

• texts, call logs, emails and social media messages, saved in full with dates;
• photos, medical records, police reports or 911 records;
• records that show where someone was, such as work schedules or receipts; and
• existing court orders about the children, support or the home.

Witnesses and copies for the court

Ask witnesses early whether they can attend. Bring three copies of each exhibit, for the judge, the other side and you. If the hearing is remote, ask the clerk how exhibits are shared, and read our guide to preparing for a Zoom court hearing.

A petitioner can bring a domestic abuse advocate. In proceedings under the Act, advocates may sit at counsel table and confer with the victim, unless the court directs otherwise (205(b)(1)).

If you are the respondent

Follow every term of the emergency order until a judge changes it, and do not contact the petitioner, even to talk things over. Knowingly violating certain terms, such as the ban on abuse, stay-away terms or exclusive possession of a home, after you were served or otherwise learned what the order says, is a crime (720 ILCS 5/12-3.4(a)). The firm handles the civil order of protection only, so talk with a criminal defense lawyer about any arrest or charge. Our guide on how to respond to an order of protection covers the first days after service.

What happens at the plenary hearing

At the plenary hearing, the judge hears testimony and reviews the evidence from both sides, then decides whether to enter a plenary order and which remedies to include.

Testimony and cross-examination

The petitioner, who has the burden of proof, generally presents evidence first. Each side can testify, call witnesses, offer exhibits and question the other side's witnesses.

Continuances

Either side may ask for more time, for example to hire a lawyer or bring a witness, and the judge decides whether to continue the hearing. One deadline is firm: when a respondent asks to re-open or vacate an emergency or interim grant of exclusive possession of a home, the court must set a hearing within 14 days and may not continue it past the 14th day without the parties' agreement (750 ILCS 60/224(e)).

If the respondent does not appear

A plenary order requires that the respondent was served or appeared, and that the respondent has answered or is in default (219). So if a respondent who was served does not come to court, the judge can enter a plenary order by default if the petitioner still proves abuse.

If the respondent has not been served yet, the court may enter an interim order of up to 30 days while the petitioner diligently attempts service (218(a); 220(a)).

What the judge can order and for how long

The judge can order the respondent to stop the abuse and can add other remedies the petitioner requested and proved. Section 214(b) lists the remedies. They include prohibition of abuse, exclusive possession of a residence, stay-away orders, physical care and possession of a minor child, and prohibition of firearm possession. For how an order can affect parenting time, see orders of protection in child custody cases.

Plenary orders up to two years

A plenary order entered on its own is valid for a fixed period of time, up to two years (220(b)). Write down the end date, because a request to extend is made before the order expires.

Orders entered in a divorce or parentage case

A plenary order entered with another civil case, such as a divorce, follows that case. If it was entered as preliminary relief, it lasts until final judgment in that case. If it is made part of the final judgment, it lasts until it is vacated or modified (220(b)(1)).

Extending an order of protection, before and after January 1, 2027

Yes, an order of protection can be extended, and the extension rules change on January 1, 2027, when Public Act 104-754 takes effect. Check the text of 750 ILCS 60/220 on the day you file.

Under the current text, any emergency, interim or plenary order may be extended one or more times if the requirements for that type of order are met, and extensions are granted only in open court (220(e)). An uncontested extension with no requested change may rest on the petitioner's motion or affidavit stating that there has been no material change in relevant circumstances and giving the reason for the extension.

Under the text in effect from January 1, 2027, 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 or abuse. An extension may be for any fixed period or until the order is vacated or modified, and more than 2 years requires good cause.

Getting help before the hearing

A lawyer can help either side prepare the evidence and witnesses and present the case at the plenary hearing. Our order of protection lawyer page explains how Chicago Family Attorneys helps petitioners and respondents in Chicago and Cook, DuPage, Lake and Will Counties, from its office in Chicago. The firm does not handle criminal charges. If you are still deciding, read do I need a lawyer for an order of protection.

Limited scope help for one hearing

Limited scope help covers drafting from $500 and one hearing appearance from $1,200.

Full representation

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. If you need an order outside court hours, read about emergency orders of protection after hours.