Domestic Violence Protection Order - Illinois

Before use: The applicant files a petition seeking an order of protection. Illinois Courts lists approved statewide forms for the petition and for emergency and final orders separately. This draft sets out proposed order terms for the court to consider. See https://www.illinoiscourts.gov/documents-and-forms/approved-forms/circuit-court-standardized-forms-suites/order-of-protection/.

IN THE CIRCUIT COURT OF THE STATE OF ILLINOIS

[JUDICIAL CIRCUIT] – FAMILY / DOMESTIC RELATIONS DIVISION
County of [COUNTY NAME]

Case No.: [CASE NUMBER]

[PETITIONER FULL LEGAL NAME],

on behalf of [___PROTECTED PERSON(S)___],
Petitioner,

v.

[RESPONDENT FULL LEGAL NAME],

Respondent.

DOMESTIC VIOLENCE PROTECTION ORDER

(“Order of Protection” – Illinois Domestic Violence Act of 1986)

Effective Date: [MM/DD/YYYY]
Expiration / Review Date: [MM/DD/YYYY] (not to exceed statutory maximum absent extension)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Judicial Findings; Representations & Warranties
5. Covenants & Restrictions
6. Violation; Default & Remedies
7. Enforcement Mechanisms & Penalties
8. Dispute Resolution; Modification; Termination
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Jurisdiction. This Court has subject-matter jurisdiction under the Illinois Domestic Violence Act of 1986, 750 Ill. Comp. Stat. 60/101 et seq. (“IDVA”), and personal jurisdiction over the parties through service of process under 750 ILCS 60/210 (Process).

1.2 Recitals.
(a) A verified Petition was filed on [MM/DD/YYYY];
(b) Respondent was [served/appeared/waived service] on [MM/DD/YYYY];
(c) The Court conducted a [hearing type] hearing after notice served in compliance with 750 ILCS 60/211;
(d) The Court, having examined the pleadings, testimony, and evidence, is fully advised in the premises and enters the following Order.

2. DEFINITIONS

For purposes of this Order, capitalized terms have the meanings set forth below. Undefined capitalized terms have the meanings assigned by the IDVA.

“Abuse” – As defined in 750 ILCS 60/103(1), including physical abuse, harassment, intimidation of a dependent, interference with personal liberty, or willful deprivation.

“Firearm” – As defined in Section 1.1 of the Firearm Owners Identification Card Act, 430 ILCS 65/1.1 (adopted for the Criminal Code by 720 ILCS 5/2-7.5).

“Minor Child(ren)” – The individual(s) under 18 years of age listed in Section 3.4.

“Protected Party/Parties” – Collectively, Petitioner, the Minor Child(ren), and any other person specifically named in Section 3.2.

“Residence” – The dwelling located at [ADDRESS] or such other address as the Court may later designate.

“Respondent” – [RESPONDENT FULL LEGAL NAME], date of birth [DOB], last-known address [ADDRESS].

3. OPERATIVE PROVISIONS

3.1 Prohibited Conduct. Respondent SHALL NOT commit or threaten to commit any Abuse against any Protected Party, including but not limited to: physical violence, stalking, harassment, intimidation, or interference with personal liberty.

3.2 No-Contact / Stay-Away. Respondent SHALL:
(a) Stay at least [___distance (e.g., 300 feet)___] from each Protected Party, Residence, workplace, school, daycare, or any subsequent location communicated in writing;
(b) Cease all direct and indirect contact, including via electronic means, social media, or third parties, except as expressly allowed in Section 3.4 (parenting time) or Section 8.2 (court-approved modification).

3.3 Exclusive Possession of Residence. Pursuant to 750 ILCS 60/214(b)(2), the Protected Party is granted exclusive possession of the Residence. Respondent SHALL immediately vacate and may retrieve personal effects only in the presence of law enforcement at a time arranged in advance.

3.4 Parenting Time & Temporary Custody (if applicable).
(a) Temporary allocation of parental responsibilities is granted to [Petitioner/Other] as set forth in Attachment A.
(b) Supervised parenting time for Respondent, if any, shall occur at [LOCATION] under the supervision of [NAME/AGENCY] and in accordance with the schedule in Attachment A.

3.5 Firearm Surrender. Under 750 ILCS 60/214(b)(14.5):
If the firearm remedy is granted under 750 ILCS 60/214(b)(14.5)(A)(i), Respondent shall surrender any firearms or firearm parts on Respondent's person or at the place of service to the serving officers at service. Any other firearms or firearm parts shall be surrendered to local law enforcement within 24 hours of service. A FOID card or Concealed Carry License in Respondent's possession shall likewise be turned over at service or, if elsewhere, to local law enforcement within 24 hours of service, subject to § 214(b)(14.5)(B).

3.6 Support & Monetary Relief (optional). The Court reserves jurisdiction to enter temporary child and/or spousal support orders in accordance with 750 ILCS 60/214(b)(12) and 750 ILCS 5/501.

3.7 Counseling / Treatment. Respondent is ordered to complete [anger management/domestic violence intervention] program approved by the Illinois Department of Human Services within [X] days and file a certificate of completion.

3.8 Law-Enforcement Assistance. Local law-enforcement officers are directed to use all reasonable means to enforce this Order, including but not limited to accompanying a Protected Party to recover personal property or execute exclusive possession rights.

3.9 Service & Entry into LEADS/NCIC. The Sheriff of [COUNTY] SHALL serve Respondent forthwith, and this Order shall be entered into the Law Enforcement Agencies Data System (“LEADS”) and the National Crime Information Center (“NCIC”) as provided in 750 ILCS 60/222 and 60/302.

3.10 Duration. This plenary Order shall remain in effect until the Expiration Date listed above unless extended, modified, or vacated by further order of this Court.

4. JUDICIAL FINDINGS; REPRESENTATIONS & WARRANTIES

4.1 Findings. The Court FINDS:
(a) Venue is proper;
(b) Respondent has committed Abuse as defined by the IDVA;
(c) For this plenary order, notice and process satisfied 750 ILCS 60/219: [DESCRIBE SERVICE, APPEARANCE OR DEFAULT, AND HEARING].

4.2 Petitioner’s Representations. Petitioner affirms under penalty of perjury that all statements in the verified Petition are true and correct to the best of Petitioner’s knowledge and belief.

4.3 Respondent’s Notice. Respondent was afforded due process, including notice and an opportunity to be heard, consistent with the Fourteenth Amendment and 750 ILCS 60/211.

5. COVENANTS & RESTRICTIONS

5.1 Respondent’s Affirmative Obligations. Respondent SHALL:
(a) Obey all provisions of this Order;
(b) Attend all court-ordered programs;
(c) Keep the Court and Petitioner informed of current residence, phone, and email within 48 hours of any change.

5.2 Respondent’s Negative Covenants. Respondent SHALL NOT:
(a) Possess or attempt to purchase Firearms during the term of this Order;
(b) Consume alcohol or illicit drugs within 12 hours before or during parenting time;
(c) Use third parties to harass or contact any Protected Party.

6. VIOLATION; DEFAULT & REMEDIES

6.1 Statutory Warning (750 ILCS 60/221(c)). The following notice is printed conspicuously as required by Illinois law:

Any knowing violation of an order of protection forbidding physical abuse, neglect, exploitation, harassment, intimidation, interference with personal liberty, willful deprivation, or entering or remaining present at specified places when the protected person is present, or granting exclusive possession of the residence or household, or granting a stay away order is a Class A misdemeanor. Grant of exclusive possession of the residence or household shall constitute notice forbidding trespass to land. Any knowing violation of an order awarding legal custody or physical care of a child or prohibiting removal or concealment of a child may be a Class 4 felony. Any willful violation of any order is contempt of court. Any violation may result in fine or imprisonment.

6.2 Immediate Arrest Authority. Any Illinois law-enforcement officer with probable cause to believe Respondent has violated this Order MAY arrest Respondent without a warrant, even if the violation was not committed in the officer’s presence, pursuant to 750 ILCS 60/301(a).

6.3 Civil & Criminal Contempt. Illinois orders of protection may also be enforced through civil or criminal contempt (750 ILCS 60/223(b)), including incarceration, fines, and attorneys’ fees.

6.4 Interstate Enforcement and Firearms Notice (750 ILCS 60/221(e)). For this plenary order, the following required notice applies:

This Order of Protection is enforceable, even without registration, in all 50 states, the District of Columbia, tribal lands, and the U.S. territories pursuant to the Violence Against Women Act (18 U.S.C. 2265). Violating this Order of Protection may subject the respondent to federal charges and punishment (18 U.S.C. 2261-2262). The respondent may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition under the Gun Control Act (18 U.S.C. 922(g)(8) and (9)).

7. ENFORCEMENT MECHANISMS & PENALTIES

7.1 Full Faith & Credit. This Order is enforceable nationwide under 18 U.S.C. § 2265; any state, tribal, or territorial jurisdiction SHALL enforce the provisions herein.

7.2 Registration Not Required. No Protected Party is required to register this Order in another jurisdiction for enforcement (18 U.S.C. § 2265(d)(2)).

7.3 Bond Condition. If Respondent is arrested for violation, pretrial release conditions shall reference and incorporate all terms of this Order.

8. DISPUTE RESOLUTION; MODIFICATION; TERMINATION

8.1 Governing Law. This Order is governed by the IDVA and applicable Illinois Supreme Court Rules.

8.2 Modification/Vacatur. Either party may move to modify or re-open this Order under 750 ILCS 60/224 by filing a written, verified motion and providing statutory notice.

8.3 Extension. Prior to expiration, Petitioner may seek extension of this Order under 750 ILCS 60/220(e).

8.4 Forum. An order of protection may also be sought in conjunction with a criminal prosecution under 750 ILCS 60/202(a)(3).

9. GENERAL PROVISIONS

9.1 Severability. If any provision of this Order is held invalid, the remaining provisions remain in full force.

9.2 Integration. This Order constitutes the entire court-ordered relief and supersedes all prior inconsistent oral or written directives.

9.3 Notice. Service in accordance with Section 3.9 constitutes sufficient notice for enforcement purposes.

9.4 Amendment & Waiver. Only this Court may amend or waive any provision; no informal agreement between the parties is valid.

9.5 Copies & Certified Orders. The Clerk SHALL furnish certified copies to Petitioner, Respondent, counsel of record, and appropriate law-enforcement agencies without cost.

10. EXECUTION BLOCK

ENTERED this ___ day of __________, 20___, at __________ ⃰ .m. in [COUNTY] County, Illinois.

_________________________________
Judge [NAME]
Circuit Court of Illinois – [JUDICIAL CIRCUIT]

Acknowledgment of Receipt

I, Respondent, acknowledge receipt of this Order and understand its terms.

_________________________________ Date: __________
[RESPONDENT SIGNATURE]

Certificate of Service

I certify that a true copy of this Order was served upon Respondent as follows:
☐ Personal service by [Sheriff/Process Server] on ___/___/____ at __________.
☐ Other (describe): _____________________________________________.

_________________________________
Name & Title: _____________________
Date: ___/___/____

⃰ Use standard 24-hour clock for LEADS.