How to Get a Protection Order: A Step-by-Step Guide
By Lana Carter
If you’re feeling threatened, unsafe, or overwhelmed by someone’s actions, a protection order or “restraining order” can be a powerful tool for reclaiming your safety. Many survivors don’t realize how accessible these orders are or that emotional abuse, harassment, and intimidation can also qualify. To learn more about your legal rights and options, you can find information about Orders of Protection in the &Rise Resources section. This guide walks you through the full process of obtaining a protection order, explains what to expect at each step, and brings in helpful definitions and legal considerations from a past &Rise workshop to support you through the process.
Understanding What a Protection Order Is
A protection order is a court order that restricts or forbids someone from contacting you, threatening you, harming you, or coming near you. According to the National Coalition Against Domestic Violence, domestic violence includes far more than physical harm; emotional abuse, coercion, intimidation, and digital harassment also fall within the scope of behaviors that may justify a protection order.
Legal Definitions to Know
Understanding the language courts use can make the process feel less overwhelming. Under Illinois law (“Illinois Domestic Violence Act, 750 ILCS 60”), abuse includes:
Harassment: repeated or unnecessary actions that cause emotional distress
Interference with personal liberty: attempts to control your movements or decisions
Intimidation of a dependent: forcing someone, often a child, elder, or disabled adult, to witness abuse
Willful deprivation: denying someone essential care or resources, creating physical or emotional harm
Abuse does not need to be physical. Many survivors qualify for protection because of patterns of threats, monitoring, coercive control, or stalking.
If you’re trying to understand whether what you’re experiencing is abuse, you can call the National Domestic Violence Hotline, which is available 24/7.
When to Consider Filing for a Protection Order
You may want to begin the process if:
The person has threatened or attempted to harm you.
You’re being stalked, followed, monitored, or tracked (including digital surveillance).
You’re receiving unwanted, persistent contact such as texts, calls, DMs, or uninvited visits.
You’re experiencing sexual coercion or assault. For immediate support, visit RAINN.
Your routines have changed because you feel unsafe. Your safety matters. You do not need to wait until something “gets worse.”
Who Can File - and Who Is Protected
Not everyone realizes how broad the law is when it comes to who can seek protection. Under Illinois law, a petition may be filed by:
A person abused by a family or household member
A parent, guardian, or responsible adult on behalf of a minor child
Any adult filing for a high-risk adult with disabilities
Foster parents, adoptive parents, or prospective adoptive parents
Individuals sharing a child in common
People currently or formerly in a dating relationship
Protected persons also include those living or working in a shelter housing someone who is being abused. Casual acquaintances do not qualify, but dating partners and former partners do.
Types of Protection Orders
Courts can issue three main types:
Emergency Order of Protection (EOP):
Available without notifying the respondent; lasts 14–21 days.Interim Order:
Short-term protection issued when the respondent has been served; lasts up to 30 days.Plenary Order:
Long-term protection, typically up to 2 years, granted after a full hearing.
The type of order you receive depends on timing, service of notice, and the level of immediate danger.
Where and How to File for a Protection Order
Most people start by filing a petition at their local courthouse.
If you are in Illinois, the Illinois Supreme Court provides the required forms online.
Step 1: Get the correct forms
You can obtain forms at the courthouse or download them online.
Step 2: Explain your situation clearly
Courts want to understand:
What happened
When it occurred
How it impacts your safety
Why you need protection
Use specific examples when you can, even if they feel small.
Step 3: Gather evidence when available
Evidence does not have to be perfect. Examples include:
Screenshots of threats
Photos of injuries
Police reports
Emails or messages
Witness statements
You do not need an attorney to file. The process is designed to be accessible.
What the Court Considers at Your Hearing
After you file, the court schedules a hearing. Judges look at several factors, including:
The nature, frequency, and severity of past abuse
Patterns of harassment, stalking, or monitoring
Any attempts to hide or evade service
The likelihood of future danger
Whether a minor child may be at risk
Housing, safety, and accessibility concerns for both parties
Most importantly, the court prioritizes your safety. You do not need “perfect proof,” just a clear explanation of what has happened and why you feel unsafe.
Common Misconceptions About Protection Orders
Many survivors hesitate because of myths that aren’t true. Here are a few clarifications from a workshop we hosted on orders of protection:
“I can’t file because there was no physical violence.”
False. Emotional distress, coercive control, stalking, and threats all qualify.“The judge won’t take me seriously without evidence.”
False. Your testimony alone is legally valid evidence.“If I left the home, I can’t ask for exclusive possession.”
False. Leaving for safety does not count against you.“Emergency orders can give me full custody and support immediately.”
Not always. Some remedies, including custody, counseling requirements, or financial support, may require a longer-term order.
Understanding these myths can help survivors feel more confident moving forward.
After the Protection Order Is Granted: Staying Safe & Empowered
Once a protection order is approved, it is legally enforceable.
Important next steps:
Keep a copy of the order with you
Give copies to your workplace or school if needed
Notify trusted friends or family
Document every violation
Call the police immediately if the respondent breaks the order
Violating a protection order is a crime.
For added guidance on safety planning and legal literacy, consider the Office on Violence Against Women (OVW).
Where to Get Help
Here are the resources referenced in the original &Rise article:
Ready to Take the Next Step?
If you need support filing for a protection order, creating a safety plan, or connecting with trauma-informed resources, &Rise is here to help. Explore our services or join our newsletter for ongoing guidance and empowerment.
