How To Get A Restraining Order In Illinois

Restraining orders, often called protective orders in Illinois, are court-issued injunctions to protect one individual from another. These civil protective measures prohibit an individual (the respondent) from contacting, approaching, or harming another person (the petitioner). They can also prevent the abuser from being within proximity to the protected person's property, workplace, or school. Restraining orders usually become necessary in cases of domestic violence, repeated harassment, unwanted sexual contact, or when someone generally poses a threat to themselves or others.

The Firearms Restraining Order Act, the Domestic Violence Act, the Stalking No Contact Order Act, and the Civil No Contact Order Act generally govern protection orders in the state. Violating a restraining or protective order in Illinois is considered contempt of court and may lead to jail time, fines, or both. Restraining orders are civil in nature, meaning they are filed through the Illinois civil court records system and do not require criminal charges to be present.

Types Of Restraining Orders in Illinois

The State of Illinois provides several types of restraining orders to address different forms of harm or threats. These include:

• Order of Protection (OP): This order is available to domestic or dating violence victims. It protects individuals from abuse or harassment by family or household members, such as spouses, former partners, roommates, or parents. The order restricts the abuser's contact and proximity to the petitioner.
• Civil No Contact Order (CNCO): This order applies to victims of non-consensual sexual conduct and does not require any prior relationship between the parties. It typically includes "no-contact" and "stay-away" provisions to prevent further harm.
• Stalking No Contact Order (SNCO): Designed for victims of stalking or harassment, this order prohibits behaviors such as following, threatening, repeated communication (including electronic messages), or interfering with property. It can be filed by or on behalf of vulnerable individuals, including minors, elders, or people with disabilities.
• Firearm Restraining Order (FRO): This order is issued when someone, often a family member, household member, or law enforcement, believes an individual presents an imminent risk of harm to themselves or others. It temporarily restricts the person's access to firearms, ammunition, or firearm parts.

The court can issue two different forms (emergency or plenary) for each of these restraining orders. Emergency orders serve as immediate, short-term solutions for urgent situations where imminent danger exists. They are typically granted ex parte—without a full hearing or the respondent's presence—and provide temporary protection until a formal hearing can be conducted. In contrast, plenary orders are final restraining orders issued after a court hearing with both parties present—these last longer.

Are Restraining Orders Public Record In Illinois?

Yes. Restraining orders in Illinois are generally public and accessible under the Court Records and Document Access Act (705 ILCS 86/). This means that, unless a specific restriction to a record exists, employers, landlords, and the general public can access a protective order in the state.

Certain events trigger the restriction of a record or specific information within it. For example, data subject to privacy protections under the Illinois FOIA (5 ILCS 140/1) and records of emergency SCNOs before the respondent is served are restricted (740 ILCS 21/95(a-5)). When restricted, these records can no longer be accessed by just anyone. Typically, only parties involved in the case and authorized officials or persons are privy to the record.

How To Look Up Restraining Orders In Illinois

In Illinois, restraining order information is typically available in court records, either requested in person at the courthouse or online via the circuit clerk's website, depending on the county. Some records may have limited online availability or require in-person visits to obtain complete information. When online access is restricted, individuals must visit the courthouse to acquire the desired record.

Can You Look Up A Restraining Order Online?

Many Illinois counties provide remote access to court records containing restraining order information through online case search portals, typically available on the county court's website. Examples include:

• Cook County Online Case Search
• Vermilion County Case Search
• Will County Public Court Records Portal

The level of detail available online varies by county. Some counties allow the public to view full case details, while others restrict detailed access to involved parties and their attorneys. In some instances, only basic case summaries are accessible to the general public, with complete records accessible only through in-person requests at the courthouse.

Alternatively, individuals can search for restraining order information using third-party aggregator websites. Searches may be conducted using a respondent's name or the case number. However, if the restraining order is confidential, no results will appear in third-party databases.

How To File A Restraining Order In Illinois

A person who feels threatened can file for a restraining order in Illinois. The petition may be submitted in the county where the petitioner resides, where the respondent resides, or where the abuse occurred. Before filing, it is essential to know the correct type of restraining order based on the circumstances and the relationship between the parties. This part is crucial, as some restraining orders, such as a Firearms Restraining Order or a Domestic Violence Order of Protection, require a qualifying relationship between the petitioner and the respondent before a motion can be filed.

Once the petitioner has identified the appropriate restraining order for the situation, the next step is to complete the corresponding court forms. These forms can be obtained at the local court or downloaded from the Illinois Courts Forms website. Laws like the Firearms Restraining Order Act and the Civil No Contact Order Act ensure that individuals not represented by counsel receive adequate help when filling out their forms or receive simpler forms.

Upon filing, the court will fix a hearing, usually within a few weeks. The respondent must be served with the petition and notice of hearing so they can appear in court. However, before the hearing for the plenary order happens, an emergency restraining order can be issued the same day if the petitioner makes a request, and the court perceives imminent danger. This order remains in place before the court hearing.

Can You File A Restraining Order For No Reason In Illinois?

No. An individual in Illinois cannot file a restraining order for no reason. State law requires petitioners to demonstrate reasonable evidence of an actual threat. For instance, under the Illinois Domestic Violence Act, a judge must find that the petitioner has shown sufficient evidence to justify protection before granting the order.

What Proof Do You Need For A Restraining Order In Illinois?

Petitioners are expected to provide sufficient evidence to support their motion for a restraining order in Illinois. Demonstrating a clear history of harm or abuse can help convince the judge that it is more likely that the alleged conduct occurred and that protective measures are necessary. The following types of evidence may be compelling in a protective order hearing:

• Official documentation, like a police report, that contains an official account made to law enforcement about the abuse
• Medical records documenting injuries or psychological trauma resulting from the abuse
• Photographs of injuries, eye-witness statements, and written threats directed at the petitioner
• Text messages, social media messages, and emails containing threats or harassing content

Individuals do not necessarily need to prove their case beyond a reasonable doubt to the court as in criminal cases. They only need enough evidence to show that it is more likely than not that the abuse has occurred.

How Long Does It Take To Get A Restraining Order In Illinois?

How soon a restraining order can be granted depends on whether it is an emergency or plenary order. Emergency orders, intended for situations involving imminent danger, are typically issued on the same day the petition is filed. These temporary orders provide immediate protection for a period while awaiting the plenary order hearing.

When there are delays in serving the respondent with notice, courts may issue an interim order to maintain protection during the gap between the emergency order's expiration and the plenary hearing.

How Long Does A Restraining Order Last In Illinois?

Understanding the timeframe of restraining orders is crucial for individuals seeking protection in Illinois. Emergency orders issued in the state typically last between 14 and 21 days. Interim orders can come into effect after the expiration of emergency orders and may last up to 21 days or more if the petitioner and respondent agree to a scheduled court date. On the other hand, plenary orders can last for several years (typically two years), depending on the specific order. The protected party can also petition the court to extend the duration of a restraining order if they still believe the respondent is a threat to them.

How Much Does A Restraining Order Cost in Illinois?

Pursuant to 750 ILCS 60/202(b), Illinois courts are statutorily prohibited from charging fees for filing, service by sheriffs, amendments, certifications, or document copies related to restraining order applications. This fee waiver ensures that petitioners can access protective orders without any financial burden.

Can You Cancel A Restraining Order In Illinois?

Yes. In Illinois, either party to a restraining order may petition the court to modify or terminate the order. The process requires filing a motion with the court, which then schedules a hearing date. The filing party must also serve the other party with a copy of the motion before the hearing. The presiding judge will then examine the motion during the court session and decide whether to modify, terminate, or maintain the existing terms of the restraining order.