How to Obtain An Order of Protection

You can file a petition to obtain an order of protection against a family member, household member, a high-risk adult with disabilities, or even a child. 750 ILCS 60/201. To obtain an order of protection, you must file a written petition with the Clerk of the Circuit Court stating when and where the abuse occurred. A sworn affidavit must also accompany your petition. A parent can add children as protected parties to the order of protection if the abuse occurred in front of the children, or if the children were also being abused. Similarly, if you reside with others in the same household, you can include the people you reside with as protected parties under the order of protection.

Many people think you can get an order of protection against anyone, even a friend. This is not correct. If you do not have a familial relationship to the person, reside together, or are or were formally in a dating relationship with that person, then you cannot get an order of protection. In that case, you would file a petition for Stalking No Contact order. There is no relationship requirement to obtain a stalking no contact order, but you will still have to prove that the person has harassed or stalked you.

An Order of Protection is a civil matter, not criminal. There are certain circumstances in which the state’s attorney can seek a criminal protective order correlating to a criminal case. If that is not the situation, then you will file your petition for order of protection in front of a civil judge. There are numerous remedies a person can ask for in a petition for order of protection: prohibit further abuse or neglect; no contact by any means; stay away from the home or place of work of the victim; stay away from the children’s schools; exclusive possession of the shared home; suspend parenting time; and more.

Villadonga & Villadonga represents clients seeking to obtain an order of protection and defending against orders of protection. Contact us today at 847-298-5740 about assisting you with an order of protection.

*Nothing contained herein is legal advice or meant to establish an attorney-client relationship. This is a general synopsis of law and is by no means a full description of the legal process or outcomes.