Illinois Restraining Order Laws (2026): How to Get an Order of Protection
Illinois Restraining Order Laws (2026): How to Get an Order of Protection
In Illinois, the civil order that restrains an abuser is called an Order of Protection, issued under the Illinois Domestic Violence Act (750 ILCS 60/). Family or household members can get one, and a Plenary Order of Protection lasts up to two years. Illinois also has a separate Civil No Contact Order for victims of stalking or sexual assault who have no qualifying domestic relationship.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in Illinois
Illinois runs two civil protective-order tracks under different statutes. The first and more commonly used is the Order of Protection under the Illinois Domestic Violence Act (IDVA), 750 ILCS 60/. This order is available to family and household members who have experienced abuse, including physical abuse, harassment, intimidation of a dependent, interference with personal liberty, and willful deprivation. Within the IDVA framework, Illinois issues three successive order types: the Emergency Order of Protection (EOP), an Interim Order of Protection, and the Plenary Order of Protection. Each reflects a different stage in the court process.
The second track is the Civil No Contact Order under 740 ILCS 22/, which is available to victims of sexual assault, sexual abuse, or non-consensual sexual conduct, and to victims of stalking, regardless of any domestic relationship. If the person harassing or threatening you is a stranger, a coworker, or someone with whom you have no qualifying relationship under the IDVA, the Civil No Contact Order provides a civil remedy.
Who can get a restraining order in Illinois?
For an Order of Protection under the IDVA, the petitioner must be a family or household member of the respondent. Qualifying relationships include current or former spouses, parents, children, stepchildren, persons who share or have shared a dwelling, persons who have or have had a child in common, and persons who have or have had a dating or engagement relationship. The statute is written broadly to include extended family and long-past cohabitants, so a petitioner does not need to currently live with the respondent.
Importantly, Illinois courts have held that the dating-relationship category covers both casual and long-term romantic partners. A parent or legal guardian may file on behalf of a minor child who is a family or household member of the respondent.
For the Civil No Contact Order under 740 ILCS 22/, no domestic or household relationship is needed. Any person who has been subjected to a nonconsensual sexual act or stalking conduct may petition for this order. This track exists so that victims without a qualifying domestic tie are not left without a civil remedy.
How to file for a restraining order in Illinois
You file a petition for an Order of Protection in the Circuit Court in any county where you reside, where the respondent resides, or where the alleged abuse occurred. You do not have to live in the county where the abuse happened to file there. Under the federal Violence Against Women Act (VAWA), states cannot charge a filing fee or service fee for a domestic-violence protective order, so filing in Illinois Circuit Court is free.
If you arrive at the courthouse while court is in session, a judge can issue an Emergency Order of Protection the same day without the respondent being present or notified. You do not need an attorney to file, and most Illinois counties have a court self-help center where staff can assist you with completing the petition forms. Many local domestic-violence organizations also provide free advocates who can help you prepare your petition and accompany you to court.
For Civil No Contact Orders (stalking/sexual assault), the same Circuit Court process applies, and filing is likewise free.
Temporary vs. final orders: how long they last
Illinois uses a three-tier structure. The Emergency Order of Protection (EOP) is issued ex parte (without the respondent present) any time court is in session. It lasts 14 to 21 days, bridging the gap until a hearing can be held.
An Interim Order of Protection may be issued at any point after the EOP if the case is continued before a plenary hearing. It runs until the plenary hearing date.
The Plenary Order of Protection is the final order, issued after the respondent has had notice and a full hearing opportunity. As of 2024, Illinois extended the maximum duration of a Plenary Order of Protection to up to two years. The court may also make the order permanent in certain circumstances, such as where there is a history of repeated violations or a finding of ongoing danger.
| Order Type | Duration |
|---|---|
| Emergency Order of Protection (EOP) | 14 to 21 days |
| Interim Order of Protection | Until plenary hearing |
| Plenary Order of Protection | Up to 2 years (renewable; may be permanent) |
A Plenary Order is renewable. Before it expires, the petitioner can return to court and request an extension.
Firearms and an Illinois Order of Protection
Illinois has among the strongest firearm surrender requirements in the nation. Under 750 ILCS 60/214, the state surrender mandate applies to all Orders of Protection upon service, including ex parte Emergency Orders of Protection. When any Order of Protection is served on the respondent, the court must have ordered the respondent to surrender all firearms and any Firearm Owner's Identification (FOID) card or Concealed Carry License (CCL) to the serving law enforcement officer. Any firearms on the respondent's person or at the place of service are surrendered immediately to the serving officer; any remaining firearms must be surrendered to local law enforcement within 24 hours of service.
The serving officer is required to accept the surrendered firearms and provide an itemized receipt. Failure to comply is itself a violation of the order and may be prosecuted separately. There is a separate and distinct federal prohibition that operates under different rules. A qualifying final Plenary Order of Protection that meets the criteria of 18 U.S.C. 922(g)(8), meaning it was issued after notice and a hearing, involves an intimate partner or co-parent, and restrains threatening conduct or use of physical force, also triggers the federal firearm ban. A person under such a qualifying final order may not possess any firearm or ammunition under federal law for the duration of the order. In short: the state surrender duty fires on service of any order; the federal prohibition attaches only to final orders satisfying those additional federal criteria.
What happens if someone violates the order?
Violating an Order of Protection in Illinois is treated as a criminal offense. A first-time violation is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,500. A second or subsequent violation of a protective order is a Class 4 felony, which carries a sentence of one to three years in prison and a fine of up to $25,000. Illinois law also permits contempt-of-court proceedings as an additional remedy.
Illinois law authorizes police to arrest a respondent without a warrant when there is probable cause to believe that an Order of Protection has been violated. If the respondent calls or sends a message in violation of a no-contact provision, comes near your home or workplace in violation of a stay-away provision, or threatens or harms you in any way, you should call 911 immediately. Document every violation by saving messages, photographs, or other evidence, and report each incident to law enforcement so it is on record. Repeat violations escalate from misdemeanor to felony, so a documented pattern strengthens any subsequent prosecution.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
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- Illinois Child Custody Laws
- Illinois Child Support Laws
- Illinois Common Law Marriage Laws
- Illinois Data Privacy Laws
- Illinois Divorce Laws
- Illinois Dog Bite Laws
- Illinois Emancipation Laws
- Illinois Expungement Laws
- Illinois Hit and Run Laws
- Illinois Landlord-Tenant Laws
- Illinois Lemon Laws
Sources
- Illinois Domestic Violence Act, 750 ILCS 60/ (Illinois General Assembly)
- Civil No Contact Order Act, 740 ILCS 22/ (Illinois General Assembly)
- 720 ILCS 5/12-3.4 (Violation of Order of Protection, Illinois Criminal Code)
- Illinois Courts Self-Help Center
Related
This page is part of the Restraining Orders by State hub, which covers protective-order laws for all 50 states and D.C.
For related Illinois topics, see the Illinois recording law page for guidance on documenting incidents of harassment, and the Illinois self-defense laws page for information on stand-your-ground and castle doctrine rights.