An Order of Protection is a court order available under the Illinois Domestic Violence Act to protect qualifying individuals from abuse by family or household members. Illinois defines abuse more broadly than physical violence and includes certain forms of harassment, intimidation, interference with personal liberty, and willful deprivation.
Orders of Protection generally address abuse involving family or household members. This category is broader than just married couples.
A casual acquaintance or ordinary business or social relationship generally does not qualify as a dating relationship under the Illinois Domestic Violence Act.
Because the relationship between the parties matters, situations involving individuals who do not qualify as family or household members may require a different type of protective order.
Immediate, short-term protection. Lasts 14- 21 days unless extended.
Provides temporary protection while a case proceeds. Effective for up to 30 days.
Generally entered after the respondent has received notice and the court has had an opportunity to consider the matter.
An Order of Protection can contain more than a simple requirement that one person avoid another. Illinois courts have several potential remedies available depending on the facts of the case.
For example, Illinois law permits a court to prohibit a respondent from entering or remaining in a residence when the statutory requirements for granting the petitioner exclusive possession are satisfied.
The protections available in a particular case depend on the parties’ relationship, the allegations, the evidence, and the relief requested.
