Legal Information: Illinois

Restraining Orders

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Updated: 
September 19, 2017

Can I stay in the home that I share with the abuser while I have an emergency order even if I have another place to go?

Possibly, yes.  If the judge believes that you are in immediate danger of further abuse by the abuser* and this immediate danger outweighs the hardship to him/her of being removed from the home, the judge may give you exclusive possession of home, which means the abuser will be prohibited from entering or staying in the home.  The judge can order this even if the abuser owns or leases the home as long as you have a “right to live in the home,” which means that one of the following is true:

  • the home is solely or jointly owned or leased by
    • you,
    • your spouse,
    • someone who has a legal duty to support you or your child; or
  • the home is owned by anyone other than the abuser who allows you to stay there.**

If you have another place to stay, the abuser can still be excluded from the home unless the hardship to him/her caused by being removed from the home would substantially outweigh the hardship to you if you had to stay somewhere else.*

Note: If the judge prohibits the abuser from entering or staying in the residence, this does not affect his/her ownership of the home.***

* 750 ILCS 60/217(a)(3)(ii)
** 750 ILCS 60/217(a)(3)(ii), 750 ILCS 60/214(b)(2)(A)
*** 750 ILCS 60/214(b)(2)