Orders of Protection
The Victim Services Unit of the DuPage County State's Attorney's Office may assist victims of domestic abuse in obtaining protection to avoid future abuse through the use of orders of protection.
What is an emergency
order of protection?
An order of protection is a civil court order that provides protection for victims of domestic abuse or other crimes. A person can obtain an order of protection on an emergency basis when there is a likelihood of harm or
injury by the abuser. Typically, the emergency order of protection is sought within 72 hours of a domestic violence incident.
Who is protected by the Illinois
Domestic Violence Act?
The Illinois Domestic Violence Act offers protection to victims abused by a family or household member. The Illinois Domestic Violence Act recognizes relationship categories (past or present) that constitute a family or
household relationship. The following types of relationships are recognized by the Illinois Domestic Violence Act as suitable for obtaining an order of protection.
- spouse or former spouse
- parent, child, stepchild or person related by blood or marriage
- sharing a common dwelling
- persons who have a child in common
- sharing a blood relationship through a child
- dating or former dating relationship
- personal assistant to a disabled person
How can an order of
protection help me?
An order of protection can provide a variety of protections, depending on your needs.
- Grant temporary possession of the residence.
- Grant temporary physical care of the minor children.
- Prohibit the abuser from having contact with the protected parties.
- Grant temporary possession and protection to personal property necessary for daily living.
- Prevent further harassment, abuse, or intimidation.
What is required to
obtain an order of protection?
To receive assistance from the State’s Attorney’s Office you must meet all of the following:
- There must be a relationship between the victim (Petitioner) and the abuser (Respondent).
- The Respondent has a pending criminal case or a warrant has been issued for the Respondent’s arrest involving the Petitioner in DuPage.
- The Petitioner, Respondent or abuse has occurred in DuPage County; or the Petitioner has fled to DuPage County for his/her safety.
- The Petitioner must be 18 years or older to file an order of protection. In cases where the victim is a minor, a parent/guardian or other adult may petition on their behalf.
Where do I go to obtain
an order of protection?
The State's Attorney's Office may assist you with filing both the emergency order of protection and extending the order of protection on the hearing date. If you have specific questions concerning the State's Attorney's
involvement with orders of protection, contact the Victim
Services Unit of the State's Attorney's Office Monday through Friday 8 a.m. to
4:30 p.m. at 630-407-8010.
Please note: It is best to file a petition for an order of protection within 72 hours of the criminal incident
. The best times to arrive at the DuPage County
State’s Attorney’s Office are:
8:00 a.m. - 10:30 a.m.
Afternoons 1:00 p.m. - 2:30 p.m.
Please allow 1-2 hours to complete the order of protection process, however, it may take longer.
phones are not allowed in the building.
expedite the order of protection process, you can begin filing your petition
electronically by visiting www.illinoisprotectionorder.org.
Once you have completed the electronic filing, please come to the State’s Attorney’s Office during the hours listed above for review of your petition.
With issues such as child custody, visitation and child support, the State's Attorney's Office cannot provide legal assistance. You may want to contact a private attorney in these matters.
If you are the victim of domestic abuse, but there is no pending criminal case in DuPage County, you may still obtain assistance with filing an order of protection. An order of protection that is not attached to another criminal or civil case is called
an independent order of protection. Independent orders of protection offer the same protection as orders of protection connected to criminal or civil cases. For information concerning independent orders of protection, contact Family Shelter Service
at 630-407-8813 or at www.familyshelterservice.org.
What will happen the day
I petition for the emergency order of protection?
The petitioner is expected to write a short statement regarding the incident that led them to file the order of protection. This statement should be based on the facts of what occurred and the
effects that the incident had on the petitioner or protected parties. The petitioner may also include past incidents if they are foundational to the primary incident.
The judge will place the petitioner under oath and may ask the petitioner
questions based on the verified petition. The judge will primarily base the decision to grant the emergency order of protection on the written petition and the oral testimony of the petitioner. If the judge grants the emergency order of protection,
a future hearing date will be scheduled. This hearing date will be scheduled between 14 to 21 days of the emergency order of protection. Hearing dates are typically scheduled on Fridays. The hearing date will provide the respondent an opportunity
to contest the order of protection. An order of protection can be extended for a maximum of 2 years.
What is the difference
between an order of protection and a "no contact" condition to a bail
A judge may impose a "no contact" condition to a defendant's bond which prohibits further physical or verbal contact with the victim of the alleged crime. A judge will usually attach a "no contact" or "no harmful or offensive contact"
condition to a defendant's bond in bond court. The respondent on a criminal domestic battery may be ordered to refrain from entering or remaining at the victim's residence. This may occur without the presence of the victim. This condition of the
bond will usually remain in effect for the duration of the criminal case. If the abuser violates a "no contact" addendum to the bond, immediately notify the police department and then the State's Attorney's Office, Victim Services Unit at 630-407-8010.
A valid order of protection is enforceable
by the police. A violation of an order of protection can constitute a criminal misdemeanor offense. The decision to make an arrest lies with the police department. If the respondent violates a valid order of protection, the local police should
be contacted immediately.