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Legal Information: Illinois

Restraining Orders

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Laws current as of
January 23, 2024

How do I get a firearms restraining order?

The steps to get a firearms restraining order are similar to the steps to get a domestic violence restraining order, but you will fill out different forms, like these from Lake County.

To request an emergency order or a six-month order, you must file an affidavit or verified pleading that:

  • claims that the respondent poses a significant danger of causing personal injury to himself/herself or another in the near future by having firearms in his/her custody or by purchasing, possessing, or receiving a firearm; and
  • describes the number, types, and locations of any firearms you believe the respondent has or controls.1

If the respondent poses a threat to an “intimate partner,” you must first try to give notice to the intimate partner regarding the fact that you plan on filing a petition for a firearms restraining order.2 An intimate partner is:

  • the respondent’s spouse or former spouse;
  • a person with whom the respondent has a child; or
  • a person to whom the respondent is or was dating or engaged.3

If you are unable to provide the respondent’s intimate partner with notice, you should include information about what efforts you made to provide him/her with notice in your affidavit or verified pleading.4

1 430 ILCS 67/35(a); 67/40(a)
2 430 ILCS 67/35(b); 67/40(b)
3 430 ILCS 67/5
4 430 ILCS 67/35(b); 67/40(b)