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EspañolWho is eligible for an order of protection?
The following people can be eligible for an order of protection:
- a person abused by a family or household member;
- a high-risk adult with disabilities who is abused, neglected, or exploited by a family or household member;
- a minor child or dependent adult in the care of the abused person or high-risk adult mentioned above;
- a person living or employed at a private home or public shelter that houses an abused family or household member; and
- any of the following people if they are abused by the family or household member of a child:
- a foster parent of that child;
- a legally-appointed guardian or legally-appointed custodian of that child;
- an adoptive parent of that child; or
- a prospective adoptive parent of that child.1
As mentioned in #3 above, you can file for an order of protection for yourself and/or your minor child(ren). A minor may also be able to file on his/her own. See Can a minor file for an order of protection? for more information.
Note: When it comes to filing the actual petition in court, anyone can file on behalf of:
- a minor child or an adult who has been abused by a family or household member who cannot file a petition because of age, health, disability or inaccessibility; or
- a high-risk adult with disabilities who has been abused, neglected, or exploited by a family or household member.2
1 750 ILCS 60/201(a)
2 750 ILCS 60/201(b)
Can I file for an order of protection against a same-sex partner?
In Illinois, you may apply for an order of protection against a current or former same-sex partner as long as the relationship meets the requirements listed in Who is eligible for an order of protection? You must also be the victim of an act of domestic violence, which is explained here What is the legal definition of domestic violence in Illinois?
You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.
Can a minor file for an order of protection?
Illinois law states that a person will not be denied an order of protection simply because s/he is a minor filing for an order without an adult.1 Sometimes a minor is able to get an order of protection without an adult. However, it may be more difficult to do so when the minor is filing against a parent or legal guardian.
1 750 ILCS 60/214(a)
How much does an order of protection cost? Do I need a lawyer?
There are no fees for filing for an order of protection or for having the papers served on the abuser by the sheriff. Also, the court clerk cannot charge a fee for filing, amending, vacating (dismissing), certifying, or photocopying petitions or order of protection.1
You do not need a lawyer to file for an order of protection. However, you may wish to have a lawyer, especially if the abuser has a lawyer. If you can, contact a lawyer to make sure that your legal rights are protected. If you cannot afford a lawyer but want one to help you with your case, you can find information for low-cost legal assistance on the IL Finding a Lawyer page.
Domestic violence organizations in your area may also be able to help you through the legal process, or may be able to give you a lawyer referral.
If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.
1 750 ILCS 60/202(b)
