Orders of Protection

Orders of protection are governed under the Illinois Domestic Violence Act. The Act was created to raise awareness of domestic violence as a serious crime against the individual and society, and to offer more protections to victims of domestic violence by issuing court orders prohibiting abuse and/or prosecuting abusers. An Emergency Order of Protection may be requested without notice to the other side. To find out more information about the Illinois Domestic Violence Act of 1986, see 750 ILCS 60/101 et seq. To find information on how to file an order of protection click here.

The information provided below is not intended to be viewed as legal advice and is only intended to answer general questions regarding the Illinois Domestic Violence Act and to explain the role of the Domestic Relations Division of the Circuit Court of Cook County in obtaining orders of protection. If you or someone you know is experiencing domestic violence, we strongly encourage you to seek legal advice.

During the COVID-19 pandemic, several legal assistance agencies set up hotlines to help litigants obtain orders of protection including:

• The Remote Orders of Protection Assistance Project: (312) 229-6020
• Sarah’s Inn, Metro Family Services, and Family Rescue Hotline: (708) 689-3422
• Ascend Justice Remote Order of Protection Hotline: (312) 239-0413

Who is protected under this act?

To be protected by the IDVA, a victim of abuse must have a “family or household relationship” with person who is abusing him or her.

Under the IDVA, the following persons are considered family or household members:

(i) parties related by blood or by present or prior marriage;

(ii) parties who share or formerly shared a common dwelling (a romantic relationship is not required);

(iii) parties who have or allegedly have a child in common;

(iv) parties who share or allegedly share a blood relationship through a child (includes in-laws);

(v) parties have or have had a dating or engagement relationship;

(vi) a person with disabilities and his or her personal assistant or caregiver.

The following persons can be listed on the order of protection as protected persons:

  • anyone who lives in the petitioner’s household;
  • any minor child or dependent adult in the petitioner’s care;
  • persons employed at the residence; and/or
  • employees of a domestic violence program where a protected person resides.

Who may file for an Order of Protection?

A petition for an order of protection may be filed only by those persons who:

(i) are being abused by a family or household member;

(ii) are filing it on behalf of a minor child or adult who is being abused by a family or household member, and who, because of age, health, disability, or inaccessibility, cannot file the petition on their own;

(iii) are filing it on behalf of a high-risk adult with disabilities who has been abused, neglected, or exploited by a family or household member.

Where may I file my petition for an Order of Protection?

If you have a pending family law case, you should file at the courthouse where your case is being heard.

If you do not have a pending family law case, then you may file at your local suburban courthouse or downtown at the Domestic Violence Courthouse located at 555 W. Harrison.

You can also file any documents online via the Clerk’s e-filing platform.

How much does it cost to file for an Order of Protection?

There are no costs involved for filing an order of protection.

What if I cannot afford to hire an attorney?

During the COVID-19 pandemic, several legal assistance agencies set up hotlines to help litigants obtain orders of protection including:

• The Remote Orders of Protection Assistance Project: (312) 229-6020
• Sarah’s Inn, Metro Family Services and Family Rescue Hotline: (708) 689-3422
 • Ascend Justice Remote Order of Protection Hotline: (312) 239-0413

There are several legal assistance agencies that represent victims of domestic violence. Please contact one of the agencies below to see if you qualify for free legal services:

Life Span Center for Legal Services & Advocacy:
ph: (312) 408-1210
www.life-span.org

Legal Aid Chicago:
ph: (312) 341-1070
www.legalaidchicago.org

Ascend Justice:
ph: (312) 239-0413
www.ascendjustice.org

Where may I find the documents that I need to file an Order of Protection?

The Illinois Supreme Court Statewide Standardized Forms can be found here.

Alternatively, you can access an interactive platform through Illinois Legal Aid Online (ILAO) here that will help you fill out your forms.

Copyright 2020 by Circuit Court of Cook County