practice areas

When Safety Is the Issue, Everything Else Comes Second.

​

An order of protection is one of the most powerful tools Illinois courts have in family law matters. It can remove a person from their home, restrict contact with their children, and affect every aspect of an ongoing divorce or parenting case. Obtaining one when you need it — or defending against one that is exaggerated or false — requires experienced legal counsel and immediate action.

​

LaRocque Law handles orders of protection on both sides throughout Cook, DuPage, and Will County. We move quickly because these situations demand it.

​

What an Order of Protection Does

An order of protection is a civil court order that restricts the behavior of one person toward another. Depending on the circumstances, an order of protection can:

​

• Prohibit the respondent from abusing, harassing, intimidating, or interfering with the petitioner or their children

• Require the respondent to vacate a shared residence — even if they own or lease it

• Grant the petitioner temporary exclusive possession of the family home

• Restrict or prohibit the respondent's contact with minor children

• Award temporary custody of children to the petitioner

• Require the respondent to stay away from the petitioner's home, workplace, school, or other locations

• Prohibit the respondent from possessing firearms

• Require the respondent to pay support, surrender a vehicle, or attend counseling

• Prohibit the respondent from taking or concealing children

​

The scope of the order depends on what is requested and what the court finds is warranted by the evidence.

​

Who Can Seek an Order of Protection

Illinois orders of protection are available to family and household members — a category the law defines broadly. It includes current and former spouses, parents, children, stepchildren, people who share or have shared a home, people who have or had a dating or engagement relationship, and people who share a child in common regardless of whether they ever lived together.

If you are in a family law matter — divorce, parenting dispute, or post-decree proceeding — and domestic violence or harassment is a factor, an order of protection can be sought as part of that proceeding or in a separate action.

​

The Three Types of Orders of Protection

​

Emergency Order of Protection

An emergency order can be obtained on an ex parte basis — meaning without the other party present — when the situation requires immediate protection. Emergency orders are typically granted the same day they are filed if the petitioner's allegations meet the legal standard. They last up to 21 days and are entered without notice to the respondent.

​

Interim Order of Protection

An interim order bridges the gap between the emergency order and a full hearing. It can be entered when the respondent has been served but a full hearing has not yet been held. Interim orders last up to 30 days.

​

Plenary Order of Protection

A plenary order is entered after both parties have had the opportunity to appear and present evidence. It is the longest-lasting form of protection — up to two years, and renewable. Obtaining a plenary order requires a hearing where the petitioner must prove their allegations by a preponderance of the evidence.

​

The Legal Standard: What Counts as Abuse

Under the Illinois Domestic Violence Act, abuse includes physical abuse, harassment, intimidation of a dependent, interference with personal liberty, willful deprivation, and in some circumstances stalking. It does not require physical violence. Repeated unwanted contact, threatening communications, monitoring someone's movements, and conduct designed to intimidate or control can all constitute abuse under Illinois law.

​

The standard for an emergency order is whether there is an immediate and present danger of abuse. For a plenary order, the petitioner must establish abuse by a preponderance of the evidence — more likely than not.

​

How Orders of Protection Affect Family Law Cases

An order of protection entered during a divorce or parenting case does not exist in a vacuum. It affects every related proceeding.

A finding of domestic violence is a factor courts must consider in allocating parental responsibilities and parenting time. An order that restricts a parent's contact with their children can fundamentally reshape a parenting arrangement. The existence of an emergency order — even one entered without the respondent present — can affect temporary orders for housing, support, and parenting.

​

This intersection between protective orders and family law proceedings is one of the reasons having experienced counsel matters from the beginning. Decisions made in a protective order hearing can have lasting consequences in the divorce or parenting case that follows.

​

If You Need an Order of Protection

If you are in a situation involving abuse, harassment, or threats — or if you are concerned about your safety or your children's safety — we will help you seek protection immediately.

​

We prepare the petition carefully, documenting the specific incidents that support the request, and we accompany you to the hearing. We know what judges in Cook, DuPage, and Will County look for, and we present the evidence in a way that gives your petition the strongest possible foundation.

​

If your situation is an emergency, contact us today.

​

​

​

​

​

 

If an Order Has Been Sought Against You

Being served with an emergency order of protection is serious. It may require you to leave your home immediately, restrict your access to your children, and affect your employment — particularly if you hold a professional license or work in a field where such an order has consequences.

​

Emergency orders are entered without your participation. That doesn't mean you have no recourse. You have the right to a hearing on the plenary order, and that hearing is your opportunity to present your side of the situation.

​

Defending against an order of protection requires a strategic, evidence-based response. That means understanding exactly what is alleged, gathering evidence that contradicts or contextualizes those allegations, identifying witnesses, and presenting your account credibly to the court.

​

False or exaggerated orders of protection are a reality in contentious family law cases. They are sometimes sought as a tactical move to gain advantage in a custody dispute or to remove a spouse from the family home. Courts are well aware of this. A thought out defense, presented clearly and professionally, can make all the difference.

​

Do not ignore an order of protection or assume it will resolve itself.

Violating even a temporary order — intentionally or not — is a criminal offense. Contact us immediately if you have been served.

​

Violations and Enforcement

Violating an order of protection is a criminal matter, not just a civil one. A first violation is a Class A misdemeanor. Subsequent violations, violations involving physical force, or violations committed in the presence of a minor can result in felony charges.

​

If the respondent in your order has violated its terms — by contacting you, coming to your home or workplace, or taking any action the order prohibits — document it and contact us. Enforcement of a violated order moves through the criminal system, but the civil protective order proceeding continues in parallel and we can seek additional civil remedies as well.

​

Orders of Protection and Firearms

Federal law prohibits a person subject to a qualifying order of protection from possessing firearms or ammunition. Illinois law imposes its own restrictions as well. If a respondent has weapons and an order of protection is entered, surrender of those weapons can be ordered as part of the proceeding.

​

If you are seeking an order and firearm access is a concern, this is something we address directly in the petition.

​

Why LaRocque Law

Orders of protection cases move fast and carry consequences that extend well beyond the protective order itself. Whether you need immediate protection or you're defending against allegations that don't tell the full story, you need an attorney who understands both the protective order process and how it intersects with your broader family law matter.

​

We handle these cases with the seriousness and urgency they require. We know the courts, we know the standards, and we know how to present and defend these cases effectively.

​

If your situation is urgent, contact us today. LaRocque Law serves clients in Cook, DuPage, and Will County. 

​