The Basics of Permanent Restraining Orders 

Whether for reasons of sexual assault, domestic abuse, or stalking, many Illinois residents seek out restraining orders every year. This article will take you through the various types of restraining orders under Illinois law. It will also take you through what the subject of the restraining order can or cannot do to you once a specific type of order is in place. Finally, this article will then go through how to get a permanent restraining order and what to do afterward.  

Key Takeaways:

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‍What is a Permanent Restraining Order 

A restraining order is a court order dictating that the perpetrator of some crime or civil offense cannot come within a certain distance from the victim(s) seeking the order. Some states allow for the implementation of a restraining order for an unlimited duration. This is what is known as a permanent restraining order. However, in Illinois, there are, strictly speaking, no permanent restraining orders. In Illinois, an order can either be temporary, emergency, or plenary.  

1. Interim: Interim protective orders last for 30 days. These are sometimes provided in the meantime before a proper court hearing can be held.  
2. Emergency: Emergency protective orders can be entered for a total of 14 to 21 days.  
3. Plenary: Upon making a strong enough showing, a judge can grant a plenary protective order, lasting for up to two years. The petitioner must be present in court for a plenary protective/no contact order can be granted.  

A plenary order may, however, be renewed as many times as the court feels necessary. So long as the threat remains in place, the order can continue to be renewed. Furthermore, the specific order being sought in Illinois depends upon the parties’ relationship with one another. There are three kinds of restraining orders in Illinois: 

1. Order of Protection: An order of protection is available for household members who are related to the offender by blood/marriage. They are also available to anyone with a dating relationship or engagement with the offender and for high-risk adults with disabilities being abused by a family member. These are civil orders available for those who need legal protection from someone they share a relationship with.  
2. No-Contact Order: A no-contact order is available to any person whose safety has been compromised by the conduct of another individual. It may also be filed on behalf of the safety of another person. The judge can prohibit further stalking/threats, prohibit contact with the victim, prevent the perpetrator from visiting certain locations, and revoke the perpetrator’s FOID card. No financial remedies are available. However, the victim may collect attorney fees from the perpetrator.  
3. Civil No-Contact Order: A civil no-contact order is like a no-contact order but can be obtained through a civil proceeding. These are meant to protect victims of sexual assault or abuse, regardless of whether the perpetrator was related to the victim. A judge can prohibit the perpetrator from making contact with the victim, order the offender away from specific locations, and protect the victim’s property/pets. A judge can even order the perpetrator to transfer to another school if the victim and perpetrator attend the same school.  

How to obtain a Permanent Restraining Order 

Therefore, the question of whether you can get a permanent restraining order comes down to whether you can present clear evidence that you are in imminent danger from the alleged perpetrator.  

1. Document the stalking/harassment/violent behavior: Begin making your case for a protective/no contact order by carefully recording as many incidents between you and the alleged perpetrator as possible. Note the time and date of any encounters you may have had. Any written evidence (emails, texts, photos, videos) from either you or the perpetrator may be highly relevant as well.  
2. Find witnesses to corroborate your story: Very often, other persons will be witnesses to the perpetrator’s stalking/harassment/violent behavior. Note down these other persons and be able to present their names, as well as what incidents they would be able to provide testimony about, along with the other evidence you have gathered.  
3. File for a Protective Order: Once you have all of your evidence in place, you should file for a protective/no contact order. Remember, a No Contact Order must be filed in criminal court, and a Protective Order must be filed in civil court. Civil No Contact Orders can be filed in either criminal or civil court.  Be sure the filing includes you as well as any other person close to you who may be under threat of violence, abuse, or stalking.  
4. Attend the Court Hearing: The hearing will be scheduled usually within 21 days of filing. At the hearing, you (or your counsel) will be asked to present the evidence necessary to obtain your desired relief. You should be prepared to testify regarding the offending behavior.  
5. Renew the protective order when it comes to time: As previously stated, Illinois courts can only grant protective orders for a term of two years, after which they need to be renewed. Luckily, the protective order itself can be renewed as many times as necessary for the protection of the victim. Maintain your records, mark down your calendar for the two-year expiration date of your order, and be prepared to make your case before the same court again.  

After you have Obtained your Permanent Restraining Order 

Once the protective/no contact order is in place, it is illegal for the perpetrator to contact you. Regardless of which type of order you have in place, the first offense of the order is a Class A misdemeanor. The second offense is a Class 4 felony. If you or anyone else encompassed by the protective order comes into contact with the perpetrator, you should immediately contact the police. For a Civil No Contact order obtained in a civil court, the victim must seek judicial relief to enforce the order. For help determining whether a protective/no contact order is available for you or with help enforcing an existing order, call and schedule a consult with the experienced attorneys at O’Flaherty Law today.  

Sources:

Illinois Attorney General, Illinois Orders of Protection and No Contact Orders

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