An Order of Protection (OP) is a legal injunction or court order prohibiting your abuser from any further contact or abuse. An Order of Protection is very useful, but ONLY IF YOU ENFORCE IT.

Anyone assaulted or threatened by a “family or household member”, or “a current or former dating partner” can get an Order of Protection. “Family or household member” is defined as:

• Spouse or former spouse
• Persons who (currently or in the past) reside together
• Parents and child(ren)
• Persons who have a child(ren) in common (regardless of whether or not they have been married)
• Persons related by blood, marriage, or common child
• Persons with disabilities and their personal assistants/caregivers
• Persons in a dating or engagement relationship (currently or in the past)

An Order of Protection can

• Prohibit the respondent from committing further acts of violence and harassment and from coming near the petitioner.
• Exclude the respondent from the petitioner’s residence shared by the petitioner and respondent, including while under the influence of alcohol or drugs.
• Prohibit the respondent from entering the petitioner’s home, place of employment, school, etc…
• Recommend the respondent participate in counseling.
• Award temporary custody of the minor child(ren) to one parent, and establish temporary visitation.
• Prohibit the respondent from taking or hiding a child(ren); and require the respondent to appear in court alone or with a child(ren), and/or return a child(ren).
• Order possession of certain items of personal property to the petitioner, and forbid the respondent from taking or destroying any property.
• Require the respondent to pay temporary support for the petitioner and/or the child(ren).
• Order the respondent to pay the petitioner for losses due to the abuse including, but not limited to, medical expenses, attorney’s fees, property damage, etc…
• Prohibit access to a child’s school records or other records.

CRIMINAL ORDERS OF PROTECTION – A victim of domestic violence who wishes to press criminal charges against her abuser may obtain a Criminal Order of Protection in conjunction with her pending criminal case. In order to initiate a criminal case, a victim must first obtain a police report for the abuse. It is then up to the discretion of the State’s Attorney’s office to prosecute the abuser if there is sufficient evidence. In a criminal proceeding, an abuser may be arrested and sentenced to jail time and/or fines. Once initiated, the case is brought by the State and therefore a victim may not be able to stop a criminal proceeding once it is started.

CIVIL ORDERS OF PROTECTION – A victim who does not wish to press criminal charges against her abuser may obtain an Order of Protection in civil court. In a proceeding to obtain a Civil Order of Protection, an attorney will not be assigned to you. You must either obtain your own representation or represent yourself in court. A Civil Order of Protection may be vacated or cancelled at any time at the request of the victim.

To obtain an Order of Protection in CRIMINAL COURT you must have a POLICE REPORT or the RD# (the six-digit number found in the upper right corner of your police report). If you do not have a police report, you can go to your local police station and file a report shortly after the abusive incident. Anyone may file a police report.

1. The Criminal Domestic Violence Court is located at 1340 S. Michigan Avenue in Chicago. You will want to arrive around 8:30 a.m. and should plan on being at the courthouse all day.
2. Go to room 310 and tell them that you are seeking an Emergency Order of Protection.
3. When you enter room 310, you will be asked to sign in and complete an intake form.
4. You will need to bring the following with you:
5. Your police report or the RD #.
6. A copy of your driver’s license or state ID.
7. An address where your abuser can be found and served with papers

To obtain a Civil Order of Protection, you will need to go to 555 W. Harrison Street in Chicago. You will need to go to the 6th floor between 8:30 a.m. and 4:00 p.m. Plan to be at the courthouse all day. You will need the following:

• An address where your abuser can be found and served with papers
• Your abuser’s date of birth

There is no charge for filing for an Order of Protection.

The petitioner is the person who is obtaining the Order of Protection; the respondent is the person who the Order of Protection is against.

A legal advocate can help you file a police report, go to court with you, explain the court system (both criminal and civil), explain what an order of protection is, assist you in pressing charges against your abuser, and much more.

A legal advocate, however, is not an attorney and cannot represent you in court. If you feel you need legal advice, you should acquire the services of a lawyer.

If the respondent violates the Order of Protection, it is important that you make a police report. Take this police report to criminal court (1340 S. Michigan), and you can press charges for a violation of an Order of Protection