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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.

General rules

back to topCan I get my Order of Protection from Illinois enforced in another state?

Yes. If you have a valid Illinois Order of Protection that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid Orders of Protection granted in the United States receive "full faith and credit" in all state and tribal courts within the US, including US territories. See How do I know if my Order of Protection is good under federal law? to find out if your Order of Protection qualifies.

Each state must enforce out-of-state Orders of Protection in the same way it enforces its own orders. Meaning, if your abuser violates your out-of-state Order of Protection, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by "full faith and credit."

To make it even clearer that your order is good anywhere in the U.S., Illinois also includes a statement on all emergency, interim, and plenary Orders of Protection that says that the order can be enforced in any other state whether or not it has been registered in that state.*

 

 * 750 ILCS 60/221(d),(e)

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back to topHow do I know if my order of protection is good under federal law?

An order of protection is good anywhere in the United States as long as:

  • It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
  • The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
  • The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. It doesn’t matter if he actually showed up in court; just that he had the opportunity to do so.
    • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled within a "reasonable time" after the order is issued.**
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

* 18 U.S.C. § 2266(5)(A)
** 18 U.S.C. § 2265(a) & (b)

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back to topI have an emergency (ex-parte) order. Can it be enforced in another state?

Yes. An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my order of protection is good under federal law?*

Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court). However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

* 18 U.S.C. § 2265(b)(2)

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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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Enforcing custody provisions in another state

back to topI was granted temporary custody with my Order of Protection. Can I take my kids out of the state?

Maybe. It will depend on the exact wording of the custody provision in your Order of Protection. You may have to first seek the permission of the court before leaving. If your abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a domestic violence advocate or lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for local domestic violence organizations and legal assistance in the IL area on our IL Where to Find Help page.

 

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back to topI was granted temporary custody with my Order of Protection. Will another state enforce this custody order?

Yes. Custody, visitation, and child support provisions that are included in a Order of Protection can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.*

 * 18 USC 2266

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