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Legal Information: Illinois

Restraining Orders

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Laws current as of January 23, 2024

Will the abuser be notified when I file for an order?

Typically, the abuser would not be notified before you get an emergency order, but the abuser must be served with your petition and the order before your hearing for the plenary no contact order. If you get an emergency order, the clerk will enter the order on the record and file it according to court procedures by the following business day. The clerk will also provide a stamped copy of the order to you and to the abuser if the abuser was present at the emergency hearing.1

You or the clerk may also file the order with law enforcement so that an officer can serve the abuser with a copy of the order. If you are unsure whether you should bring the order to law enforcement or whether the clerk will, you can ask the clerk. A law enforcement officer or process server will attempt to serve the order and file proof of service unless the respondent was present at the hearing for the emergency order and was served with a copy there.2 At your request, the clerk can also send written notice of the order and a copy of the order to your school.3

1 740 ILCS 22/218(a)
2 740 ILCS 22/218(b),(c)
3 740 ILCS 22/218(f)