Can I Make a Big Purchase During an Illinois Divorce?
Jeff handles orders of protection from both sides of the courtroom, representing people asking for one and people responding to one. Both situations are stressful, and both deserve a straight explanation of how the process actually works. Here is what Illinois law says, without leaning toward either side.
The Law Behind It
Orders of protection in Illinois come from the Illinois Domestic Violence Act of 1986, 750 ILCS 60. It applies to people in a family or household relationship, which covers spouses, former spouses, people who share a child, other family members, and people who currently or formerly shared a home. There are three types of orders, and they escalate in how long they last and how much process is involved in getting them.
Three Types, Three Timelines
- Emergency Order of Protection. Granted without the other side present, based on the petitioner's testimony alone. It lasts a minimum of 14 and a maximum of 21 days, just long enough to get to a full hearing.
- Interim Order of Protection. Bridges the gap after the respondent has been notified but before a full plenary hearing. It lasts up to 30 days.
- Plenary Order of Protection. Issued after a full hearing where both sides can present evidence. It can last up to two years, and it can be renewed if the underlying concerns remain.
Filing in Will County
In Will County, petitions for an order of protection are filed at the Will County Courthouse, 100 W Jefferson St, Joliet. Emergency petitions are handled by the Order of Protection Office on the first floor, Room 120, next to the Circuit Clerk payment window, and petitioners are typically brought before a judge the same day for a hearing on the emergency request.
What an Order Can Actually Cover
An order of protection is not limited to a simple no contact directive. Depending on the facts, it can include staying away from the petitioner's home, workplace, or school, temporary custody or parenting time arrangements, temporary possession of the shared residence, a prohibition on possessing firearms, and other relief the court finds necessary to protect the petitioner and any children involved.
The specific terms matter a great deal for both sides. A petitioner who does not ask for exclusive possession of the home, for example, may find that right is not automatically included later. A respondent facing an order that grants temporary custody or restricts parenting time is dealing with something that can shape how a later divorce or parentage case unfolds. Neither side should assume the order will simply say what they expect it to say.
Service Matters More Than People Realize
An order is not enforceable against the respondent until it has been formally served. In most cases that means the Will County Sheriff's Office delivers the paperwork in person. Until that happens, the respondent is not legally bound by its terms, which is one reason petitioners are told not to assume protection is in place before service is confirmed.
What Happens If It Is Violated
A first violation of an order of protection is a Class A misdemeanor, carrying up to 364 days in jail and a fine of up to $2,500. A second or subsequent violation, or a violation by someone with a prior conviction for domestic battery or violating an order of protection, becomes a Class 4 felony, carrying one to three years in prison. Courts take repeat violations seriously, and prosecutors generally do too.
If You Are the Respondent
Being served with a petition does not mean the case is decided. At the plenary hearing, the respondent has the right to notice, the right to appear and be heard, the right to present evidence and witnesses, the right to cross examine the petitioner, and the right to be represented by an attorney. An emergency order granted without you present is not the final word. It is worth showing up prepared, because the plenary hearing is where the respondent's side actually gets heard.
The Effect on Firearms and a FOID Card
Illinois law requires the State Police to suspend or revoke a FOID card for anyone subject to a qualifying protective order, and a respondent must surrender firearms, generally immediately if they are on hand at service and within 24 hours for anything else. Federal law separately makes it a crime to possess a firearm while subject to a qualifying domestic violence protective order. This is not necessarily permanent. It generally lasts as long as the order itself is in effect, though the details depend on the specific order and any related criminal history.
When an Order of Protection Is Not the Right Fit
The Domestic Violence Act only applies to family or household relationships. If the situation involves stalking by someone outside that circle, such as a coworker, acquaintance, or stranger, the Stalking No Contact Order Act, 740 ILCS 21, may apply instead. If it involves non-consensual sexual conduct outside a domestic relationship, the Civil No Contact Order Act, 740 ILCS 22, is the right tool. Both of these allow a petitioner to file and have the order served without paying a filing fee or a sheriff's service fee.
If You Are in Danger Right Now
If you are in immediate danger, call 911. For crisis support, safety planning, and referrals, the Illinois Statewide Domestic Violence Hotline is available 24 hours a day at 1-877-863-6338.
When to Get Help
Whether you are trying to get an order of protection or you have just been served with one, the first hours matter. If you are in Lockport, Joliet, or anywhere in Will County, call Jeff at (815) 838-5297 before your first court date.
Related: Domestic Violence & Orders of Protection · Illinois family law FAQ
Questions People Ask
What are the different types of orders of protection in Illinois?
There are three types under the Illinois Domestic Violence Act, 750 ILCS 60. An Emergency Order of Protection is granted without the other side present and lasts 14 to 21 days. An Interim Order bridges the gap after the respondent is notified but before a full hearing, lasting up to 30 days. A Plenary Order comes after a full hearing where both sides present evidence and can last up to two years, with the option to renew.
What happens if someone violates an order of protection in Illinois?
A first violation is a Class A misdemeanor, carrying up to 364 days in jail and a fine of up to $2,500. A second or subsequent violation, or a violation by someone with a prior conviction for domestic battery or violating an order of protection, becomes a Class 4 felony carrying one to three years in prison. Courts and prosecutors generally take repeat violations seriously.
Does an order of protection affect gun ownership in Illinois?
Yes. Illinois law requires the State Police to suspend or revoke a FOID card for anyone subject to a qualifying protective order. A respondent must surrender firearms, generally immediately if on hand at service and within 24 hours for anything else. Federal law also makes it a crime to possess a firearm while subject to a qualifying domestic violence protective order, and this generally lasts as long as the order is in effect.
