NOTE: This article was updated to account for the passage of Public Act 102-538. This Act took effect on August 20, 2021, altering the rule for entering emergency orders of protection under 725 ILCS 60/217(c).
The requirements to obtain an Illinois emergency order of protection can be found at 750 ILCS 60/217. In order for an Illinois court to issue an emergency order of protection, the alleged victim (the “petitioner”) must establish the following:
A) The court has jurisdiction;
B) The petitioner has been abused by a family or household member;
C) There is good cause to grant the protection order, because potential harm likely occur if the alleged abuser (the “respondent”) receives prior notice;
D) That there is an immediate and present danger of abuse to petitioner.
In addition to protecting the petitioner from further abuse or harm, the emergency order can protect their children and other household members. It may also be used to prevent the respondent from entering a shared dwelling. If a grant of exclusive possession of a shared residence is requested, it cannot be denied on the grounds that the petitioner could obtain temporary shelter at a different location. An emergency order of protection cannot order counseling, legal custody, child support or monetary compensation remedies. This is because, typically, the respondent does not receive prior notice of emergency proceedings. The emergency order of protection is effective for at least 14 days but no longer than 21 days, unless extended by a court order.
After reviewing the petitioner’s complaint, the court will either grant or deny the petitioner’s request for protection. The court will set a hearing date within 21 days for hearing on the plenary order of protection. The petitioner must serve a copy of the emergency order of protection on the respondent. If petitioner is unable to serve respondent prior to the hearing date, but is making diligent effort to serve the respondent, the court will enter an interim order and continue the matter for a 30-day period to facilitate service on the respondent.
Upon issuance of an emergency order of protection, the Illinois courts must communicate promptly with law enforcement. After Public Act 102-538 took effect in 2021, law enforcement must enter the order into an Illinois State Police database, referred to as the Law Enforcement Agencies Data System.
While representation by an attorney is not required, it is advisable because of issues such as child custody and support.