Domestic violence is a crime. No one should ever be hurt by someone they love. In order to become a survivor of domestic violence you need to get help from the court system, police, and community resources available to you.
This document can answer questions people have asked about domestic violence and you obtain an Order of Protection and the courthouses near you.
If you have any other questions, please do not hesitate to call Office of the Clerk of the Circuit Court of Cook County at (312) 325-9467, (312) 325-9468, (312) 325-9006, or (312) 325-9500; they are here to help you.
WHAT IS DOMESTIC VIOLENCE? Domestic violence is any physical, emotional, or sexual abuse of a household or family member by another.
WHO CAN BE PROTECTED? The IDVA (Illinois Domestic Violence Act) defines household or family members who can be protected as follows: people who are married or formerly married to each other; people who are related, like parents, children, siblings; aunts, uncles, cousins, grandparents, stepchildren, and step parents; people who live together or formerly lived together; people who are dating or formerly dated; people who are engaged or formerly engaged; and people with disabilities.
WHAT IS AN ORDER OF PROTECTION? An Order of Protection is a court order signed by a judge. It is designed to protect a petitioner (the person who has been hurt) from the respondent (the person who hurt the petitioner.)
WHERE CAN I GET AN ORDER OF PROTECTION? There are several options:
Criminal Court: if the person who has been hurt (the petitioner) signs a criminal complaint against the person who hurt him or her (the respondent). The State's Attorney's Office then prosecutes the respondent and helps the petitioner get an Order of Protection. The petitioner can only keep the Order if she, or he, follows through with the criminal case.
Civil Court: If the petitioner chooses NOT to press charges the Order of Protection can be granted by a judge in an independent action. In Civil Court, the petitioner can have his or her own attorney or can represent him or herself; this is called pro se.
Child Support Court, Divorce Court, Juvenile Court and Probate Court: A petitioner can also request an Order of Protection in other courts where they are parties to a pending action against the respondent.
The Order of Protection is the same, no matter which court grants it.
HOW MUCH DOES THE ORDER OF PROTECTION COST? The Order of Protection is free. There are no fees for filing the Order. The Sheriff's office serves the Order on the respondent without charge.
HOW DOES THE RESPONDENT LEARN ABOUT THE ORDER OF PROTECTION? Once a judge grants the Order, it is filed in the Clerk's Office. A copy is sent to the Sheriff's Office and a Sheriff's deputy can then serve a copy of the Order to the respondent (the person who hurt the petitioner).
CAN A MINOR GET AN ORDER OF PROTECTION? Anyone who is a protected party under the Illinois Domestic Violence Act is eligible for an Order of Protection. Minors, under the age of 18, (and some people with disabilities) need an adult to ask for the Order on behalf of the petitioner.
WHAT ARE REMEDIES? Remedies are actions the respondent must do or stop doing to the petitioner. For instance, the Order could make the respondent stay out of the shared home for a period of time; or stop harassing or abusing the petitioner; or pay costs if the petitioner had to run away to a safe place. There are 18 different remedies. The Order of Protection forms list each of them.
DO I NEED A LAWYER TO GET AN ORDER OF PROTECTION? An Assistant State's Attorney is your attorney when you go to Criminal Court. In Civil Court, it is always a good idea to have an attorney in court with you. You may qualify for free legal assistance, depending on how much money you earn. If you need to hire an attorney, call the Chicago or Suburban Bar Associations for a referral. If you do not qualify for free legal assistance, and you cannot afford an attorney, you can act as your own attorney. You must bring the respondent's date of birth, social security number and address with you to complete the forms. The Clerk's Office in each court has the forms you need.
Domestic Violence Court for Chicago Residents:
555 West Harrison
Chicago, IL 60607-4313
(312) 325-9500
Both criminal and civil domestic violence cases are heard in this courthouse.
If the petitioner presses charges against the respondent, the State’s attorney’s office assists the person in getting an order of protection. (312) 325-9220
If the petitioner does not press charges against the respondent, any attorney or a pro se petitioner can request an order of protection. (Pro se petitioners are individuals who act as their own attorneys.) (312)325-9460 or (312)325-9467
Domestic Violence Court for near west suburbs:
4th District Courthouse
1500 Maybrook Drive
Maywood, IL 60153
(708) 865-4937 TDD (708) 865-6056
Serving the residents of Bellwood, Berkeley, Berwyn, Broadview, Brookfield, Cicero, Elmwood Park, Forest Park, Franklin Park, Hillside, La Grange Park, Maywood, Melrose Park, Northlake, North Riverside, Oak Park, River Forest, River Grove, Riverside, Schiller Park, Stone Park, and Westchester.
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