If you want to get a restraining order in Illinois, the first thing to know is that it is called an order of protection, or protection order, in that state.http://www.womenslaw.org/laws_state_type.php?id=509&state_code=IL Orders of protection are designed to ensure that someone who is harassing, threatening, stalking, harming or otherwise abusing you is no longer able to do so.http://www.womenslaw.org/laws_state_type.php?id=509&state_code=IL There are three main types of protection orders: emergency, temporary and plenary. An emergency order can be granted by a judge after he hears your explanation for why it is required, and it typically lasts up to two weeks. A temporary order is typically granted to bridge the gap between an emergency order and a more permanent (plenary) order. A plenary order is issued only after a formal hearing, and can last up to two years, with the option of renewing it after that.http://www.womenslaw.org/laws_state_type.php?id=509&state_code=IL

An order of protection has many different powers. For example, the accused person may be forbidden from contacting you in any way, they may need to give up their firearms, and may be restricted from information about your children. The accused person may also be required to pay you child support. In general, the order is designed to ensure that you are no longer at risk to the accused person's threats, violence, or otherwise abusive behavior.http://www.womenslaw.org/laws_state_type.php?id=509&state_code=IL

In order to apply for an order of protection, you will need a petition for an order of protection form, an emergency order of protection form, an interim/plenary order form and a summons form. Obtain these forms from the circuit clerk in your county. Once the forms are filled out, file them with the circuit clerk in your county, and the clerk will then tell you the date and time of your hearing.http://www.law.siu.edu/selfhelp/info/protective/Order%20of%20Protection%20in%20Illinois.pdf

You must attend the hearing in person. Note that the accused person is not notified of the hearing, and will not be present. During the hearing, the judge will ask you questions about why you want a protective order, and will then rule on whether an emergency order of protection is granted or not. If the order is granted, take a copy of the documentation to your local sheriff or police department--they will take care of service the order on the accused person.http://www.law.siu.edu/selfhelp/info/protective/Order%20of%20Protection%20in%20Illinois.pdf

In order to get a longer-term (or plenary) order of protection, you must attend your court date in person. The accused person will be notified of the date, and may choose to attend as well. Should the accused person not attend, you will automatically be granted the plenary order. During the court appearance, both you and the accused person will have an opportunity to testify about the situation, and the judge will then come to a decision on whether or not to grant the plenary order of protection.http://www.law.siu.edu/selfhelp/info/protective/Order%20of%20Protection%20in%20Illinois.pdf

The content in this page is not a substitute for professional legal advice. Please contact a law professional before using the information presented here.