Minimum Requirements for an Order of Protection
Below is a checklist to find out if you meet the basic requirements for an Order of Protection. If you are not sure about some of these questions, call the 24-hour Turning Point hotline at (815) 334-4624 to speak with an advocate, or go online to www.turnpt.org. If you do meet these three basic requirements, then you may be able to get an Order of Protection in McHenry County. If you do not meet these requirements, you may still qualify for a Stalking No Contact Order or a Civil No Contact Order. To get started, go online to www.illinoisprotectionorder.org
1. Relationship to the Respondent
The person needing protection (this is probably you) is called the “Petitioner” and the “Respondent” is the person that you want protection from. How are you related to the Respondent?
We are married, or we used to be married (husband, wife, spouse).
We are dating each other, or we used to date (boyfriend, girlfriend, intimate partner).
We have a child together.
We are family members (parent, child, sibling, step-parent, step-child, or other family relationship).
We live together, or we used to live together (roommate, housemate, live-in partner).
I have a disability, and the Respondent is my caregiver (personal assistant).
You must be able to check at least one of these boxes. An Order of Protection only covers these kinds of domestic relationships. If you are not related to the Respondent in any of these ways, then you can´t get an Order of Protection. However, you may be able to get a different kind of civil order. They may be able to help you get a Civil No Contact Order or a Stalking No Contact Order. For other situations, you may contact an attorney to find out if you can get a Civil Restraining Order. Remember, you may always call the police if you are afraid or need help, even if you do not have an Order of Protection.
2. Recent Incident of Abuse or Threat
Orders of Protection are meant to prevent future abuse. Abuse can be physical or sexual (grabbing, pushing, hitting, kicking, choking, forcing you to do things you do not want to do), verbal or harassing (threats to hurt you, repeated phone calls or text messages), stalking (following you) or other similar behaviors. It is okay if you have not called the police. You may still be able to get an Order of Protection. There are a few things that the judge will look for. Which of these are true for you right now?
The Respondent has done something abusive (physical, verbal, harassing or stalking).
This abuse happened within the past 3 days (72 hours) or so.
The Respondent has a history of abuse toward you or other people.
The abuse is getting worse, or you think the abuse would get worse if the Respondent knew you were trying to get an Order of Protection.
You must be able to check most, if not all, of these boxes. An Order of Protection is given when something abusive is happening right now. If you are not sure whether what happened to you is abuse, or if the abuse happened more than 3 days ago, you may want to talk to an advocate or lawyer before you ask a judge for an Order of Protection. Remember that you may always call the police if you are afraid or need help.
3. Location
It is important to go to the right courthouse for Orders of Protection. Which of these are true for you?
I (the Petitioner) live in McHenry County.
The Respondent (the person you want protection from) lives in McHenry County.
The abuse happened in McHenry County.
I (the Petitioner) fled to McHenry County for my safety, and I am living here for right now to stay safe.
You must be able to check at least one (1) of these boxes. If none of these are true for you, then you will need to get your Order of Protection in a different county. Usually, it is best to go to the courthouse in the county where you live, or where the abuse happened.