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
- Document Header
- Definitions
- Operative Provisions
- Judicial Findings; Representations & Warranties
- Covenants & Restrictions
- Violation; Default & Remedies
- Enforcement Mechanisms & Penalties
- Dispute Resolution; Modification; Termination
- General Provisions
- 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 pursuant to 750 ILCS 60/210.
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 on [MM/DD/YYYY] 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” – Any device defined in 720 ILCS 5/24-1.1 as a firearm.
“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.
[// GUIDANCE: Omit if no shared children.]
3.5 Firearm Surrender. Under 750 ILCS 60/214(b)(14):
Respondent SHALL within 48 hours of service of this Order surrender all Firearms, Firearm Owner’s Identification (“FOID”) card, and Concealed Carry License to [LAW ENFORCEMENT AGENCY] and file proof of surrender with the Clerk of Court.
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)(5) 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 enter this Order into the Law Enforcement Agencies Data System (“LEADS”) and the National Crime Information Center (“NCIC”) pursuant to 750 ILCS 60/222.5.
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) Immediate and irreparable harm would result without issuance of this Order;
(d) The relief granted herein is the least restrictive means necessary to ensure safety.
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 Consequences. Knowingly violating any term of this Order is a Class A misdemeanor (first offense) or a Class 4 felony (subsequent offenses) under 750 ILCS 60/223(a).
6.2 Immediate Arrest Authority. Any Illinois law-enforcement officer with probable cause to believe Respondent has violated this Order SHALL arrest Respondent without a warrant pursuant to 750 ILCS 60/301(a).
6.3 Civil & Criminal Contempt. The Court retains authority to impose civil or criminal contempt sanctions, including incarceration, fines, and attorneys’ fees.
6.4 Federal Firearms Disabilities. Violation may trigger federal prosecution under 18 U.S.C. § 922(g)(8) and § 2261(a).
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, bail 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, reopen, or vacate 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 for good cause shown under 750 ILCS 60/220(e).
8.4 No Arbitration; No Jury Trial. All issues arising hereunder shall be heard exclusively by the Family Division of this Court; arbitration and jury trial are not available remedies for enforcement or modification of this Order.
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]
[// GUIDANCE: Illinois law does not require Respondent’s signature for validity; obtain if feasible.]
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.