Orders of Protection Defense in Illinois

An Order of Protection can upend your life — forcing you from your home, restricting access to your children, and impacting your gun rights. These orders are often issued quickly with only the petitioner's side of the story. At Stavros Law Offices, we defend against Orders of Protection and fight to protect your rights.

Types of Orders of Protection

Emergency Order of Protection (EOP)

• Issued same day without your knowledge
• Only the petitioner is present (ex parte)
• Lasts up to 21 days
• Granted if there's immediate danger of abuse

Interim Order of Protection

• Issued after initial hearing
• You may or may not be present
• Lasts up to 30 days
• Continues protection while awaiting plenary hearing

Plenary Order of Protection

• Issued after full hearing where both parties appear
• You have opportunity to contest
• Lasts up to 2 years
• Can be extended upon petition

Stalking No Contact Order

• Separate from domestic OP
• Applies to stalking situations (no family/dating relationship required)
• Similar process and effects

What an Order of Protection Can Require

An Order of Protection may order you to:

• Stay away from the petitioner, their home, work, and school
• No contact — no phone, text, email, or third-party contact
• Leave your residence — even if you own or lease it
• Surrender firearms — turn over all guns and FOID card
• Temporary custody — petitioner gets temporary custody of children
• Pay support — temporary child and/or spousal support
• Counseling — attend batterer intervention or other programs

Grounds for an Order of Protection

Under the Illinois Domestic Violence Act (750 ILCS 60), an OP can be issued when there's been:

• Physical abuse
• Harassment
• Intimidation of a dependent
• Interference with personal liberty
• Willful deprivation
• Stalking

The petitioner must have a qualifying relationship with you (family, household member, dating/engaged partner, or parent of a shared child).

Consequences of an Order of Protection

Criminal Consequences

• Violation is a crime: Class A Misdemeanor (first offense), Class 4 Felony (second offense)
• Arrest without warrant if police believe you violated the order

Firearm Rights

• Must surrender all firearms and ammunition
• FOID card revoked during order
• Federal law also prohibits firearm possession while subject to OP

Employment

• May show on background checks
• Certain jobs (law enforcement, security) may be affected
• May impact professional licenses

Housing

• May be ordered to leave your home
• Petitioner may be granted exclusive possession

Child Custody

• Temporary custody often awarded to petitioner
• OP affects custody proceedings
• May restrict parenting time

The Hearing Process

Emergency Hearing (Without You)

The petitioner appears before a judge and explains why they need immediate protection. If granted, you receive notice of the emergency order and the date for a full hearing.

Plenary Hearing (With You)

You have the right to:

• Appear and contest the order
• Present evidence and witnesses
• Cross-examine the petitioner
• Have an attorney represent you

The petitioner must prove their case by a preponderance of the evidence (more likely than not).

Defense Strategies

Challenge the Alleged Abuse

We gather evidence to disprove the petitioner's claims:

• Witness testimony
• Text messages and communications
• Photos and videos
• Medical records (or lack thereof)

Self-Defense

If you acted in self-defense, the petitioner may not be entitled to an Order of Protection based on that incident.

False Allegations

Orders of Protection are sometimes sought for tactical reasons in custody disputes or to gain advantage in divorce. We expose false or exaggerated claims.

Lack of Qualifying Relationship

If you don't meet the definition of "family or household member" or "dating relationship," a domestic OP may not be appropriate.

Mutual Combat

If both parties were aggressors, this may affect whether an OP should be granted.

Negotiate Terms

Sometimes an agreed order with narrower restrictions is better than fighting and risking broader restrictions. We negotiate terms that protect your interests.

Violation of Order of Protection

Violating an Order of Protection is a criminal offense:

Frequently Asked Questions

Can I fight an Emergency Order?

Emergency Orders are issued without you present, so you can't prevent them. However, you can fight extension at the plenary hearing, typically scheduled within 21 days.

What if we reconcile — can they drop the order?

The petitioner can petition to vacate the order, but this requires court approval. The order remains in effect until officially vacated — reconciliation doesn't end it.

Can I contact them if they contact me first?

No. Even if they contact you first, responding can violate the order. The order restricts your conduct, not theirs. Document their contact and bring it to court.

Will this affect my criminal case?

Testimony at OP hearings can be used in criminal cases. Strategy in both proceedings must be coordinated.

Protect Your Rights

Don't let an Order of Protection proceed unchallenged. At Stavros Law Offices, we fight to protect your home, your family relationships, and your rights.

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