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How do I get a restraining order in Illinois?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Illinois has a tiered system of orders depending on the relationship and conduct.

1. Types of Protective Orders

  • Order of Protection (OP) — Illinois Domestic Violence Act, 750 ILCS 60/.
  • Civil No Contact Order (CNCO) — 740 ILCS 22/ (sexual assault victims).
  • Stalking No Contact Order (SNCO) — 740 ILCS 21/.
  • Firearms Restraining Order — 430 ILCS 67/ (red flag).
  • Workplace — handled via SNCO or Code of Civil Procedure injunction (735 ILCS 5/11-101).

    • 2. Eligibility

    OP requires "family or household member" (750 ILCS 60/103): spouse, former spouse, parent, child, blood relatives, current/former cohabitants, dating partners, co-parents, disabled adults and their personal assistants. CNCO and SNCO require no relationship.

    3. Filing

    File in Circuit Court of the county where petitioner lives, where respondent lives, or where abuse occurred. No filing or service fee (750 ILCS 60/202.5). Forms available from circuit clerk and Illinois courts website.

    4. Emergency / Ex Parte

    Emergency OP issued same day on showing of "good cause" — typically that harm could result before respondent can be served. Lasts 14-21 days (750 ILCS 60/220(a)(1)).

    5. Plenary Hearing

    Preponderance standard. Respondent must be served. Both parties present testimony, evidence, witnesses; cross-examination available.

    6. Permanent (Plenary) Order Duration

    Up to 2 years (750 ILCS 60/220(b)(1)); renewable. Independent of any criminal case.

    7. Enforcement

    Violation of OP is Class A misdemeanor under 720 ILCS 5/12-3.4 (up to 364 days jail); Class 4 felony for second/subsequent violations or aggravated violations. Mandatory arrest on probable cause (750 ILCS 60/301.1). FOID card revocation under 430 ILCS 65/8; federal prohibition under 18 U.S.C. § 922(g)(8).

    8. Modification / Termination

    Either party may motion to modify under 750 ILCS 60/224; respondent must show material change in circumstances.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Respondent has counsel and the case is going to plenary hearing
    • FOID/CCL revocation is at stake
    • Custody and parenting time are intertwined with the OP
    Related Statutes & Laws
    • 750 ILCS 60/ (Illinois Domestic Violence Act)
    • 740 ILCS 22/
    • 740 ILCS 21/
    • 720 ILCS 5/12-3.4
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.