Illinois Protective Orders

Code Section
Ch. 750 §60/201, et seq.

Activity Addressed by Order
Prohibition of abuse, neglect, or exploitation; exclude from dwelling, counseling; regarding minor children: grant temporary custody, visitations, support; possession of personal property; prohibition from firearm possession; prohibition of access to records

Duration
Emergency: minimum 14 to maximum 21 days. Interim: 30 days. Plenary: maximum 2 years. All orders can be extended.

Penalty for a Violation of Order
If knowing violation: class A misdemeanor. If violating order concerning minors: Class 4 felony. If willful violation: contempt of court; may include jail, restitution, fines, attorney’s fees and costs, or community service. Court encouraged to follow these guidelines: 1st violation: minimum 24 hours jail; 2nd or subsequent violation: minimum 48 hours jail

Who May Apply for Order
A person who has been abused by a family or household member, or by any person on behalf of minor child or adult who cannot file due to age, health, disability, or inaccessibility

Fees Waived
Yes; no fees for filing petitions or certifying orders.

Transmission to Law Enforcement
Certified copy filed with sheriff or other law enforcement official same day order is issued

Civil Liability
Contempt of court


Inside Illinois Protective Orders