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Know the Laws: Illinois

UPDATED September 19, 2017

Moving to Another State with an Order of Protection

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If you are moving out of state or are going to be out of the state for any reason, your protection order can still be enforceable.

Getting your Illinois order of protection enforced in another state

back to topHow do I get my order of protection enforced in another state?

Federal law does not require you to take any special steps to get your order of protection enforced in another state.

Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid order of protection is enforceable regardless of whether it has been registered or filed in the new state.* Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our State and Local Programs page and entering your new state in the drop-down menu.

* 18 U.S.C. § 2265(d)(2)

 

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back to topDo I need anything special to get my order of protection enforced in another state?

In some states, you will need a certified copy of your order of protection.  A certified copy says that it is a "true and correct" copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it.  In Illinois, a certified copy will either have a stamp or a seal on it depending on which office gives you the copy.

The copy that you originally received from court should have been a certified copy.*   However, if your copy is not a certified copy, you can go to the court that gave you the order and ask the clerk's office for a certified copy.  There is no fee for a certified copy of an Illinois order of protection.**

Note: It is usually a good idea to keep a copy of the order with you at all times. You may also want to leave copies of the order at your workplace, at your home, at your children's school or daycare, in your car, with a sympathetic neighbor, and so on.  You can give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.  You may also want to give a copy of the order to anyone who is named in and protected by the order.

* 750 ILCS 60/222(a)
** 750 ILCS 60/202(b)

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back to topCan I get someone to help me? Do I need a lawyer?

You do not need a lawyer to get your Order of Protection enforced in another state.

However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your Order of Protection, and help you through the process if you decide to do so.

To find a domestic violence advocate or an attorney in the state you are moving to, select your state from the Where to Find Help tab on the top of the screen and then click Finding a Lawyer.

 

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back to topDo I need to tell the Court in Illinois if I move?

You are not required to tell the court in Illinois if you move unless you have a case pending in an Illinois court.  However, it might be a good idea to give the court a current address so that you can be notified of any actions that are taken regarding your Order of Protection.

Also, if you are participating in the Illinois address confidentiality program, you need to tell the Attorney General about any change of address at least 7 days before your address changes.  If you do not tell the Attorney General about your change of address, your program certification will be cancelled.*

 * 750 ILCS 61/20(b)

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