How to Get a Temporary Restraining Order in Illinois

By Jimmy Boyd
Illinois courts issue emergency orders, protection, domestic violence

Illinois outline image by Kim Jones from Fotolia.com

Temporary restraining orders seek to immediately stop harassment, stalking and other acts of aggression against a victim. Illinois judges may issue a temporary order of protection to immediately prohibit individuals from contacting victims or causing further harm. Victims should learn the legal process for requesting a temporary restraining order and file a petition for a protective order as soon as possible to avoid additional harm.

Determine your eligibility for an Illinois temporary restraining order. The Illinois Domestic Violence Act allows only certain family or household members to petition for an Illinois protective order (see References 1). You may file for a restraining order if the person causing the harm is a blood relative, current or former spouse, or current or former cohabitant. You may also file if you have been engaged to or dated the harasser or have or allegedly have a child together. In addition, anyone who has a disability or acts as a personal assistant to a disabled person may file a petition against a person in the same family or household.

Visit your county circuit court clerk. You can have a lawyer do this for you. However, filing for a restraining order in Illinois for protection is free. You can petition the court by yourself if you do not want to hire a lawyer. Use the contact information for Illinois circuit court clerks on the Illinois Courts website if you need directions to the clerk's office (see Resources).

Tell the personnel at the court clerk's office that you want to file an emergency order of protection. You may obtain this emergency order if you can convince the judge that giving notice to the abuser before the order takes effect will cause you further harm. The clerk's office will provide a petition form for the order of protection. For example, Cook County has its own filing forms and information for domestic violence (see References 2). Each county has its own local forms for filing a petition.

Fill out the petition for a protective order. Make sure you complete the information for an emergency order of protection. The clerk's office will then tell you which courtroom to visit to obtain the protective order.

Go to the courtroom and hand over the petition to the courtroom clerk. The judge will ask you questions. Explain that you fear for your safety and need an emergency order. The judge will issue the order if your situation warrants an immediate order of protection. The sheriff then serves the order. You do not have to contact the sheriff. The court will directly forward the emergency order of protection to the sheriff's office to give notice to the abuser.

About the Author

Jimmy Boyd has a law degree from Thomas M. Cooley Law School. He has been writing articles on law and a variety of other topics since 2004. His work appears at Lead-Generation-Tips.com, eHow and Hubpages.com.

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