The 3 Basic Types of Illinois Orders of Protection

 Posted on April 23, 2026 in Family Law

If you're dealing with domestic violence, harassment, stalking, or threats from someone in your life, an order of protection can be a powerful legal tool. Illinois law gives courts the authority to issue these orders to protect victims and their children.

There are three main types of orders of protection in Illinois, and knowing the differences can help you decide which is right for you. A Geneva domestic violence lawyer can walk you through your options and help you take the steps you need to stay safe in 2026.

How Do Orders of Protection Work in Illinois?

An order of protection is a court order that restricts what another person can do to you. Under the Illinois Domestic Violence Act (750 ILCS 60), courts can issue protections that cover a wide range of situations.

Depending on the type of order and what the court grants, an order of protection can:

• Prohibit an abuser from contacting you in any way, including by phone, text, or social media

• Require an abuser to stay a certain distance away from your home, workplace, or school

• Grant you temporary possession of a home you share with the abuser

• Give you temporary custody of your children

• Require the abuser to surrender firearms

The law covers people who are "family or household members." This includes spouses and former spouses, parents, children, people who share or shared a home, and people who share a child.

What Are the Three Types of Orders of Protection in Illinois?

Illinois recognizes three distinct types of orders of protection. They serve different purposes at different stages of a case.

Emergency Orders of Protection

An emergency order of protection, or EOP, is exactly what it sounds like: emergency protection from an abuser. These orders can be obtained within 24 hours of requesting them if a judge believes you’re in immediate danger. You can request one without the abuser being present.

EOPs last between 14 and 21 days. They're temporary by design because the other party hasn't had a chance to appear in court to defend themself yet.

Interim Orders of Protection

An interim order of protection bridges the gap between an EOP and a plenary order. These are issued while a case is ongoing and a full hearing hasn't taken place yet. They typically last up to 30 days and can be renewed by the court.

This type of order can be entered with or without the abuser present. It gives victims continued protection while both sides prepare for the full hearing.

Plenary Orders of Protection

A plenary order of protection is the "strongest" and longest-lasting type. To get one, both parties must have the opportunity to appear before a judge and present their side.

A plenary order can last up to two years and may be extended by the court. It can include all of the same terms as an emergency order, but because there's been a full hearing, the protections are more stable and harder to challenge.

Can an Order of Protection Help If I’m Leaving an Abusive Partner in Illinois?

Orders of protection are a valuable tool if you’re leaving a living situation with an abusive partner. This could be during a divorce if you were married, or while you move out if you were unmarried but living together. If you have an active divorce case, a protective order can be filed separately through the criminal or civil court system during your case. You don't have to wait for your divorce to be finalized.

The period during and after a person leaves their abusive partner is often when domestic violence incidents escalate. This is why courts offer the three different but overlapping types of protective orders. If you’re going through a divorce or custody case, getting protective orders during the legal proceedings may influence the outcomes. For example, a protective order that grants temporary custody of children may influence how a family court judge looks at a longer-term custody arrangement.

Protect Orders Aren’t Always Enough

It is important to understand that protective orders do not always prevent further harm. In some situations, they may even escalate the risk, depending on the abuser’s behavior. While obtaining a protective order can be an important step in documenting abuse and creating legal safeguards, it should not be your only safety plan.

If you believe you or your child are in immediate danger, focus on getting to a secure location, such as a shelter or a trusted family member’s home, and avoid sharing your whereabouts with the abuser. You should also contact law enforcement right away if you feel threatened.

What Happens if Someone Violates an Order of Protection in Illinois?

Violating an order of protection in Illinois is a criminal offense. A first violation is typically a Class A misdemeanor, but it can be elevated to a Class 4 felony if the abuser has a prior violation or if the violation involves certain actions (like violence). If the person protected by the order calls the police to report a violation, officers are required to respond and can arrest the violator at the scene.

Keeping a copy of your order with you at all times, as well as storing a digital copy somewhere accessible (like on a phone), helps ensure that it can be enforced anywhere, not just at your home address. If you have protective orders in place, use them. Do not let your abuser get away with violating them.

Call Our Kane County, IL Orders of Protection Lawyers Today

The decision to file for an order of protection can be difficult, but it can also provide you with peace of mind. Our Geneva domestic violence attorneys are ready to help you understand your options and file for the protection you need. Call Serrano Hanson & Hurtado, LLC at 630-844-8781 today for a free consultation.

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