How to Serve an Order of Protection in Illinois
An Order of Protection is a legal document that states that a person who is harming you, such as an abuser, must not have any contact with you; if they violate the Order of Protection, they can be arrested. Filing an Order of Protection in Illinois is easy and free, but although the state doesn't require proof of abuse, you are required to submit a detailed statement of the abuse.
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Instructions
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To file an Order of Protection, you must first establish cause. You must be legitimately afraid of the person you are seeking the order against, and you must have a history of being abused by that person. A Petition for an Order of Protection must be filed with a civil court in the Illinois county you live in. You can find the Petition for an Order of Protection on the Illinois Legal Aid or your county's Circuit Court websites.
Each county has its own Circuit Court; go to the Illinois Courts website to find your county's Circuit Court website. On your Circuit Court's website, look for the "Domestic Relations Division" in the "Forms" section. There is no fee to file. You must complete the form and mail it to the address listed.
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You will receive a court date via mail from the court office. You must appear on that date for the judge to review your petition for an Order of Protection. If you do not appear, the petition will not be granted. The judge will make a decision on whether or not to issue the order based only on the details on the petition. You will have the opportunity to speak at the hearing, but additional details provided verbally will not be considered in the judge's decision. The person you are seeking the order against is also sent a letter with the court date, and they will have the opportunity to be present and state their version of events.
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If the judge grants an Order of Protection, the sheriff's office will locate and serve the person the order is against. If you don't know the address of the person you are seeking the order against, the order will be served when the sheriff or police come in contact with that person such as in a traffic stop or arrest. If the person is not served and does not show up for court, then you will be given a temporary Order of Protection. You do not have to pay to have the order served.
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How long the Order of Protection lasts depends on the type of order you requested. An emergency Order of Protection lasts only two to three weeks; if you want to extend it, you'll have to file again before it expires. If you filed a regular Order of Protection but the sheriff couldn't find and serve the person, the judge may grant you an interim Order of Protection, which only lasts for 30 days but can be filed until the other person is served. Once the other person is served and has the opportunity to state their case to the court, the judge may grant a two-year plenary Order of Protection. The other person does not need to contest the order for the two-year order to be granted, but they must be served with the temporary order so that they have a chance to dispute it.
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Tips & Warnings
If you believe your abuser will be present at court, bring someone with you to walk you from the parking lot and back. You can also request that an officer walk you.
If you have children with the abuser, make sure to list them on the Order of Protection as well.
Filing is the easy part of getting an Order of Protection; having the person served, to get an extended Order of Protection, can be difficult.
References
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