Orders of Protection
An order of protection (OP) is a written court order, signed by a judge, which requires an abusive household or family member to do or not do certain things.
The order can:
· Order the abuser not to abuse, harass or stalk you, your children, and certain other people;
· Order the abuser to leave and not enter your home for a certain period of time;
· Order the abuser to return certain property to you and prohibit the abuser from destroying your property;
· Order protection for your children.
Criminal and Civil Orders of Protection
· OP in Criminal Court: Victim must have a police report and be prepared for the Assistant State’s Attorney (ASA) to press charges against the abuser. A criminal OP is valid until the criminal charges are dropped or dismissed by the court.
· OP in Civil Court: OP is not attached to criminal charges. State’s Attorney does not handle the case. A private attorney can be hired or the Order can be acquired without an attorney.
· Both OPs offer the same level of protection.
Common Types of Orders of Protection
· Emergency: Lasts for 14-21 days. Can be obtained with only the testimony of the victim. Notice does not have to be given to the abuser before the emergency order of protection is obtained.
· Plenary: Effective for up to 2 years. Remedies can include temporary custody and a visitation schedule.
How to get an Order of Protection:
Criminal Order of Protection (District 1, Chicago)
We have a court advocate that can assist you in obtaining an Order of Protection by helping you with each of the following steps. Call 773-274-5232.
1. Get a police report from the responding officer at the police station or call 311 (non-emergency) to report the abuse.
2. Save evidence for later use, if necessary, in court (i.e. Police reports, pictures, witnesses, torn clothing, medical reports, etc.).
3. Go to 555 W. Harrison St.
4. Go to the screening area located on the first floor.
5. Wait in the screening area to talk to an assistant state’s attorney (ASA).
6. After talking to the ASA you will wait to talk to the victim/witness specialist who will help you complete the forms for an Emergency OP.
7. You may request to talk with a court advocate at the courthouse.
8. The victim/witness specialist will send you to your assigned courtroom
where you will wait until your name is called.
9. The judge will ask you questions. Be prepared to answer questions honestly and concisely.
10. Judge will make a decision to grant or not to grant the OP.
11. If the OP is granted, you must return on the assigned date to continue your case. If you do not return, the case will be dismissed.
12. Getting an Emergency OP usually takes three hours or more.
13. Make several copies of your Emergency OP and keep with you at all times. Give other copies to your workplace, school, daycare center, local police station, relatives, or friends.
Civil Order of Protection (District 1, Chicago)
1. Collect evidence (same as with Criminal OP).
2. Go to 555 W. Harrison St.
3. Go to the screening area located on the first floor and tell the receptionist that you would like to get an OP through Civil Court.
4. You will be given forms to fill out. There are clerks and advocates available to help you with these forms.
5. Hand forms to the clerk who will tell you how to get to the courtroom.
6. Go to courtroom and wait for your name to be called. The judge will ask you questions. Be prepared to answer questions honestly and concisely.
7. Judge will make the decision to grant or not to grant the OP.
8. If the OP is granted, you must return on the assigned date to continue your case. If you do not return, the case is dismissed.
9. Getting an Emergency OP usually takes three hours or more. Make several copies of your Emergency OP and keep with you at all times. Give other copies to your workplace, school, daycare center, local police station, relatives or friends.
Civil Order of Protection (District 3, Rolling Meadows)
District 3 serves Arlington Heights, Harwood Heights, Inverness, Mount Prospect, Norridge, Palatine, Prospect Heights, Rolling Meadows, Rosemont, Schiller Park, South Barrington, Streamwood and Wheeling. (Parts of other area suburbs may be included if they are located within the territorial limits of another municipality.)
A Court Advocate from Between Friends, located at District 3 Courthouse, can assist you with the following steps. They can be reached at 847-818-8900.
1. Collect evidence (same as with Criminal OP).
2. Go to 2121 Euclid Ave. Go to Civil Process area of clerk’s office, Room 121. Ask for forms for a Civil Order of Protection.
3. Take the forms to the Court Advocates office on the Lower Level, Room 045. Court Advocates will be there to assist you.
4. Bring completed forms to Room 121. The clerks will give you a case number and direct you to the courtroom.
5. Go to the courtroom and wait for your name to be called. The judge will ask you questions. Answer them honestly and concisely.
6. The judge will or will not grant you the Order of Protection.
7. If the Order of Protection is granted, you must return on the assigned date
to continue your case. If you do not return, the case is dismissed.
8. Getting an Emergency OP usually takes three hours or more. Make several
copies of your Emergency OP and keep a copy with you at all times. Give
other copies to your workplace, school, daycare center, local police station,
relatives or friends.
Civil Order of Protection (District 2, Skokie)
The courthouse is located at 5600 Old Orchard Road, Skokie, IL. This district includes Deerfield, Des Plaines, Evanston, Glencoe, Kenilworth, Lincolnwood, Morton Grove, Niles, Northbrook, Northfield, Park Ridge, Skokie, Wilmette, and Winnetka.
For other districts contact Between Friends for assistance 1(800) 603-4357.