Illinois Protection Orders    

Illinois Protection Orders

The IDVA, or the Illinois Domestic Violence Act is a law that deals specifically with families and household members. If a child is being abused by a family member, then according to the IDVA, a judge can order and forbid that family member from further abusive behavior by granting what’s known as an Order of Protection.

An Order of Protection can be filed before a circuit court judge in any courthouse. An Order of Protection can also be brought to a criminal or civil court. If you need any assistance in filing or finding information about an Order of Protection, please contact your local sheriff, police, domestic violence program, or the Clerk of Court in your area.

There are three types of an Order of Protection available:
  • Emergency Order of Protection—This type of order lasts from 14-21 days.
  • Interim Order of Protection—This type of order lasts for up to 30 days.
  • Plenary Order of Protection—This type of order can be for a fixed amount of time but generally does not last longer than 2 years, although the court can provide otherwise.

Why seek an Order of Protection?

Domestic Violence is defined as when a family or household member uses physical or mental maltreatment towards another family or household member. The IDVA defines abuse as:
  • Physical abuse
  • Intimidation
  • Harassment
  • Interference of one’s personal liberty
  • Stalking
  • Exploitation
  • Willful deprivation

A household or family member is defined by the IDVA as:
  • Spouse
  • Ex-spouse
  • Parents
  • Children
  • Girlfriend/Boyfriend who have been dating or engaged
  • Stepchildren
  • Significant other
  • People with disabilities and their personal care assistants
  • People who live together or who used to live together
  • People who share or are believed to share a blood relationship through a child.