Illinois
Illinois Restraining Order Laws (2026): How to Get an Order of Protection
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 4 primary sources cited on this page. How we verify our legal content
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, but the mandate is not automatic on every order. Under 750 ILCS 60/214(b)(14.5), the state surrender duty applies when the order was issued after notice and a hearing (or meets the Section 217 emergency-order standard), restrains the respondent from using physical force against, harassing, stalking, or threatening an intimate partner or that partner's child, and includes a judicial finding that the respondent represents a credible threat to that person's physical safety. When those conditions are met, the court must order 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 (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 and the federal prohibition rest on essentially the same intimate-partner-plus-credible-threat test, not on mere service of any order.
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.
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.
More Illinois Laws
Frequently Asked Questions
How do I get a restraining order in Illinois?
File a petition for an Order of Protection at the Circuit Court in any county where you live, where the respondent lives, or where the abuse occurred. Filing is free. If court is in session, a judge can issue an Emergency Order of Protection the same day without the respondent present. Court self-help centers and domestic-violence advocates can assist you with the forms at no charge.
How long does a restraining order last in Illinois?
An Emergency Order of Protection lasts 14 to 21 days until a full hearing. A Plenary Order of Protection, issued after the respondent has notice and a hearing, lasts up to 2 years and is renewable before it expires. The court may also make the order permanent in certain cases.
How much does a restraining order cost in Illinois?
Filing for an Order of Protection is free in Illinois. Under the federal Violence Against Women Act, states may not charge a filing fee or service fee for a domestic-violence protective order.
Can I get a restraining order without a police report?
Yes. You do not need a police report to file for an Order of Protection in Illinois. You describe the abuse in your petition, and the judge decides whether to issue an Emergency Order of Protection based on your account and any supporting evidence you provide.
Does a restraining order take away gun rights in Illinois?
Yes, when the order restrains conduct toward an intimate partner or that partner's child and includes a judicial finding that the respondent is a credible threat. In that situation, the respondent must surrender all firearms, their FOID card, and any Concealed Carry License to the serving officer immediately, or within 24 hours for firearms not on their person at time of service. A qualifying final Plenary Order also triggers the separate federal ban under 18 U.S.C. 922(g)(8), which prohibits possession of any firearm or ammunition for the duration of a final order issued after notice and a hearing.
What happens if the abuser violates the order?
Violating an Order of Protection is a Class A misdemeanor (first offense, up to 1 year in jail) and escalates to a Class 4 felony (1 to 3 years in prison) for second or subsequent violations. Police can arrest without a warrant on probable cause. Call 911 immediately and document every violation.
What is the difference between an Order of Protection and a Civil No Contact Order in Illinois?
An Order of Protection under the Illinois Domestic Violence Act requires a qualifying family or household relationship with the respondent. A Civil No Contact Order under 740 ILCS 22/ is available to victims of sexual assault or stalking regardless of any relationship. If you have no domestic tie to the person threatening you, the Civil No Contact Order is the appropriate civil remedy.
Updates
Corrected an overstated firearm-surrender claim: Illinois's mandatory state surrender duty applies when an order restrains conduct toward an intimate partner and includes a judicial credible-threat finding, not to every Order of Protection simply because it was served. Also replaced three dead ilga.gov citation links with the site's current URL format.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
United States Code Title 18
§ 922Unlawful actsIn forcecited in 61 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Leading cases:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Illinois Domestic Violence Act, 750 ILCS 60/(ilga.gov).gov
- Civil No Contact Order Act, 740 ILCS 22/(ilga.gov).gov
- 720 ILCS 5/12-3.4 (Violation of Order of Protection)(ilga.gov).gov
- Illinois Courts Self-Help Center(illinoiscourts.gov).gov