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Legal Information: Illinois

Restraining Orders

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Updated: 
June 26, 2020

If the abuser and I attend the same school, can I still get an order against him/her?

Yes, but there are many factors the judge must consider first. When you and the abuser attend the same public, private, or non-public elementary, middle, or high school, the judge has to consider:

  • how severe the abuse was;
  • any continuing physical danger or emotional distress to you;
  • the educational rights guaranteed to both you and the abuser by law;
  • the availability of the abuser getting a transfer to another school;
  • a change of placement/ program of the abuser;
  • the expense, difficulty, and educational disruption that would be caused by a transfer of the abuser to another school; and
  • any other relevant facts of the case.1

After considering the above factors, the judge can order that the abuser:

  • not attend the public, private, or non-public elementary, middle, or high school attended by the you;
  • accept a change of placement/program, as determined by the school district or private or non-public school; or
  • place restrictions on the abuser’s movements within the school you attend.1Note: The parents, guardian, or legal custodian of the abuser are responsible for transportation and other costs associated with the transfer or change.1

The abuser has the burden to prove that a transfer or change of placement/ program is not available to him/her or to prove the expense, difficulty, and educational disruption that would be caused by a transfer to another school. S/he cannot claim a transfer or change of placement/change of program is unavailable based on:

  • the fact that s/he does not like the one offered by the school district or private or non-public school; or
  • the fact that s/he did not qualify for a transfer due to his/her failure to take whatever actions were required to complete the transfer or change of placement/program.1

1 750 ILCS 60/214(b)(3)(B)