How to Vacate an Order of Protection in Illinois

An order of protection bars someone from contacting you. Even if you take out the order, also commonly called a restraining order, in Illinois this court decision is good anywhere you go in the United States. While restraining orders are designed to protect you from violence or threats of violence, in some cases you may reconcile with the person whom you requested protection from. Fortunately, the Illinois court system does make it possible for you to have the order vacated by taking a few steps.

Visit the Illinois civil court in which you received the order of protection against your romantic partner or family member. Be sure to make this visit during normal weekday business hours.

If a criminal case is pending against your family member or romantic partner, then the order would have been granted in a local criminal court. In these cases, you will need to consult with your attorney to find out how to get the restraining order vacated. If you do not have an attorney, then you should contact the prosecutor’s office or your local domestic violence victim services agency.

Ask the civil court clerk for a form to vacate your order of protection.

Fill out the document completely. Provide all required information, which includes your full name and address and the restrained party’s full name, address and birth date.

Wait for a judge or magistrate to approve your request to reverse the restraining order. You may be asked to speak to a judge or other court officer. This is to ensure that you are freely requesting to cancel the order of protection.

Tips

  • Remember that until your Illinois order of protection is vacated that the other party is legally barred from contacting you.

    Also remember that if the situation escalates again, you can return to the appropriate Illinois court and get a new order of protection.

Warnings

  • Do not bring the other party with you to your local Illinois courthouse. This could cause the judge or magistrate to deny your request; court officials want to make sure you’re not being intimidated into canceling the order.

References

About the Author

Stephanie Mojica has been a journalist since 1997 and currently works as a full-time reporter at the daily newspaper "The Advocate-Messenger" in Kentucky. Her articles have also appeared in newspapers such as "The Philadelphia Inquirer" and "The Virginian-Pilot," as well as several online publications. She holds a bachelor's degree from Athabasca University.