Protective Orders

What is a Protective Order?

A Protective Order is a court-issued legal order that may order an abuser not to contact you, abuse you, harass you, or visit your home or workplace. It may also provide for temporary child custody or support.

Requirements:

Must meet one of these criteria:

Married or divorced
Live or lived together
Have a child or unborn child together
Related by blood or marriage

Must be a victim of physical abuse:

Actual physical harm
Verbal threats of physical harm
Attempts or threats to cause physical harm

Duration: Permanent unless further action is taken by the petitioner at any time or respondent after two years.

If violated:

Criminal Charge: Violation of a Protective Order, Class A Misdemeanor
Repeated offenses may be 3rd degree Felony

Requirements:

Petitioner must make a referral to DCFS
Child must be a victim of physical or sexual abuse

Duration: Valid for up to 150 days

If violated:

Criminal Charge: Protective Order Violation, Class A Misdemeanor
Enhanced penalties may be imposed on subsequent offenses

Any interested adult party may file a petition for a Child Protective Order (you do not have to take or have custody of the child)

Requirements:

Must be emancipated or over 18
Must have dating relationship: never married/ divorced, cohabited, or otherwise related with dating partner
Experienced or likely to experience abuse or violence from dating partner

Duration: Valid for 180 days

If violated:

Criminal Charge: Protective Order Violation, Class B misdemeanor

Requirements:

Experienced stalking or harassing behaviors that cause alarm or distress more than once
Provide the court with documentation, such as:
- A list/journal of perpetrators stalking behaviors
- Notarized witness statements corroborating your list/journal
- Police reports documenting stalking activity
- Copies of letter/notes, transcripts or documentation of phone calls, letter, text, email messages, etc.

Duration: Valid for three years.

If violated: