Legal Services

Orders of Protection

Orders of Protection: The Basics

Illinois defines domestic violence as:

Any person who hits, chokes, kicks, threatens, harasses, or interferes with the personal liberty of another family or household member.

What is an Order of Protection?

Orders of Protection are Court orders that help protect a family member or household member from the actions of another and they are regulated by the Illinois Domestic Violence Act.

For the Court to grant an Order of Protection, the Petitioner must prove these three elements:

That the Petitioner (or a protected party on whose behalf the petition has been filed) is a “family or household member” of the Respondent

That the Respondent has “abused” the Petitioner (or a protected party)

That the Court has jurisdiction to hear the case

Who can file a Petition for Orders of Protection in Illinois?

For a petition to be successful, the Petitioner must be a family member or household member of the alleged abuser.

Commonly asked questions about Orders of Protection

How do I know I qualify for protection?

As stated above, you must be a family or a household member. Illinois defines family or household member as:

  • Spouses, former spouses, parents, children, stepchildren and anyone else related by blood or a current or past marriage
  • People who currently share or previously shared a common dwelling
  • People who actually or allegedly have a child in common or share a blood relationship through a child
  • People who are dating or who have dated or have been engaged
  • People with disabilities and their caregivers and personal assistants
What about dating or engagement relationships

When determining whether the Petitioner and Respondent have a dating or engagement relationship to make the Petitioner eligible for an Order of Protection, the Court will look at the following factors:

  • How the Petitioner and Respondent met
  • How many times the Petitioner and Respondent went out together
  • Whether either the Petitioner or the Respondent considered the outing a date
  • Whether either party held out to the public that the Petitioner and Respondent were dating
Can an Order of Protection protect my children?

Minor children of the Petitioner and anyone who lives with the Petitioner can be included as additional "protected parties" in the Order of Protection. However, always consult with an attorney, such as Attorney Faye M. Lyon, for specifics regarding your situation.

What is the difference between an Order of Protection and No-Stalking Order

For a No-Stalking Order, you do not need to be a family member or household member, but you must be able to prove two incidents of stalking.

Need to Attain Court Orders of Protection

Attorney Faye M. Lyon has worked with many families regarding sensitive situations.
Schedule a consult with Rockford's leading family law attorney

Scroll to Top