WomensLaw serves and supports all survivors, no matter their sex or gender.

Legal Information: Illinois

Restraining Orders

View all
Laws current as of
January 23, 2024

How will a judge make a decision about whether to grant the order?

The judge must decide if the respondent poses a significant danger of causing personal injury to himself, herself, or another in the near future by having a firearm in his/her custody or control, or by purchasing, possessing, or receiving a firearm.1 To make this decision, the judge will consider evidence such as the respondent’s:

  • illegal and reckless use, display, or waving of a firearm;
  • history of use of physical force including any attempted or threatened use of force;
  • previous felony arrests;
  • abuse of drugs (controlled substances) or alcohol;
  • recent threat or act of violence directed toward himself/herself or another;
  • violation of a temporary or final protection order; and
  • pattern of violent acts or threats directed toward himself/herself or another.2

1 430 ILCS 67/40(a)
2 430 ILCS 67/40(e)