What's the difference between emergency and plenary orders of protection?

An Emergency OP is granted the same day you file, without the other party present, and lasts up to 21 days. A Plenary OP is granted after a hearing where both parties can present evidence, and lasts up to 2 years.

What qualifies for an order of protection in Illinois?

Under the Illinois Domestic Violence Act (750 ILCS 60), you can seek an OP if you've experienced abuse from a family/household member, including physical harm, harassment, intimidation, interference with personal liberty, or willful deprivation.

Will I lose my FOID card if an order of protection is entered against me?

Yes. Under federal law (18 USC 922(g)(8)) and Illinois law, a plenary order of protection requires surrender of firearms and revocation of your FOID card. Even an emergency OP can result in temporary firearm restrictions.

Orders of Protection in Illinois

Q: What is an order of protection in Illinois?

An order of protection (OP) is a court order that restricts contact between a petitioner (alleged victim) and respondent (alleged abuser). It can prohibit contact, require stay-away distances, grant temporary custody, and require surrender of firearms.

Q: How does an order of protection affect custody?

An OP can temporarily award custody to the petitioner and restrict or supervise the respondent's parenting time. In divorce cases, courts consider OP history when allocating parental responsibilities. However, an OP alone doesn't permanently determine custody.

How to obtain protection from abuse—or defend against a false accusation. What you need to know about emergency and plenary orders.

If You're in Immediate Danger: Call 911. You can also go directly to the courthouse during business hours or contact the National Domestic Violence Hotline at 1-800-799-7233. Your safety comes first.

Three Types of Orders of Protection

Emergency Order of Protection (EOP)

Duration: Up to 21 days

Hearing: Ex parte (same day, without respondent)

Standard: Immediate and present danger

Granted immediately by a judge without the other party present. Used when there's urgent need for protection. The respondent is served and a hearing is scheduled within 21 days for a plenary order.

Interim Order of Protection

Duration: Up to 30 days

Hearing: Preliminary hearing held

Standard: Good cause shown

Issued after initial hearing when more time is needed before final hearing. Extends protections while the case proceeds.

Plenary Order of Protection

Duration: Up to 2 years

Hearing: Full evidentiary hearing

Standard: Preponderance of evidence

Granted after both parties have opportunity to present evidence and testimony. This is the "full" order of protection with lasting consequences including FOID revocation and custody implications.

What Qualifies as "Abuse"?

Under the Illinois Domestic Violence Act (750 ILCS 60), "abuse" includes:

Physical Abuse

Hitting, kicking, pushing, choking, or any physical harm or attempted harm.

Harassment

Conduct causing emotional distress with no legitimate purpose—stalking, repeated unwanted contact, surveillance.

Intimidation

Threats of harm that create fear, even without physical contact. Includes threats to children, pets, or property.

Interference with Personal Liberty

Restraining movement, preventing someone from leaving, taking car keys or phone.

Willful Deprivation

Denying necessities like food, medicine, shelter, or access to financial resources needed to survive.

Abuse of Children

Physical abuse, neglect, or creating an environment of fear for children in the household.

Who Can Seek Protection: You must have a qualifying relationship with the abuser: spouse, ex-spouse, dating partner, parent of your child, family member, household member, or someone you've had a dating relationship with.

What an Order of Protection Can Do

Prohibit Contact

No contact in person, by phone, text, email, social media, or through third parties.

Exclusive Possession of Residence

Order the abuser to leave the shared home, even if they own it or are on the lease.

Stay-Away Distance

Require the respondent to stay a specified distance from home, work, school, or other locations.

Temporary Custody

Grant petitioner temporary physical care and control of children.

Supervised Parenting Time

Allow respondent visitation only with a supervisor present.

Firearm Surrender

Order respondent to surrender all firearms and FOID card.

Financial Support

Order temporary support payments, payment of certain bills, or attorney's fees.

FOID Card & Firearms

Critical Consequence: A plenary order of protection triggers mandatory firearm surrender and FOID revocation under both federal (18 USC 922(g)(8)) and Illinois law. This affects gun owners, hunters, security professionals, and law enforcement officers.

What Happens to Your Guns:

Emergency OP: Court may order temporary surrender. Your FOID is suspended pending the plenary hearing.
Plenary OP: Mandatory surrender of all firearms within 24 hours. FOID is revoked. You cannot purchase, possess, or have access to firearms for the duration of the order.
After OP Expires: You must affirmatively apply for FOID reinstatement. It's not automatic.

For Respondents: If you're facing an OP and own firearms, consult an attorney immediately. Violations of firearm surrender orders result in criminal charges. Even if you believe the OP is false, comply with surrender requirements while fighting the underlying order.

Impact on Divorce & Custody

For Petitioners (Seeking Protection)

• OP can provide temporary custody and exclusive home possession
• Creates documented record of abuse for divorce proceedings
• Courts consider domestic violence in custody decisions
• May support claims for attorney's fees and support

For Respondents (Accused)

• An OP can significantly harm your custody case
• Creates presumption you're a danger to children
• May result in supervised visitation
• Affects ability to be present at children's activities

Important: An order of protection and a divorce are separate cases, even if related. The OP provides emergency protection; the divorce addresses long-term custody, support, and property division. Having an OP doesn't guarantee favorable divorce outcomes, but it creates important evidence.

Defending Against an Order of Protection

Unfortunately, orders of protection are sometimes misused in divorce cases. If you've been falsely accused:

Don't Ignore It

Even if the accusations are completely false, you must comply with the emergency order and appear at the hearing. Ignoring it results in a default plenary order against you.

Gather Evidence

Text messages, emails, witnesses, and documentation that contradict the accusations. Preserve everything that shows the timeline of events and your character.

Get an Attorney

This is not DIY territory. The consequences—custody, firearms, criminal record implications—are too severe. You need someone who knows OP defense strategy.

Prepare for the Hearing

You'll have opportunity to cross-examine the petitioner and present your own evidence. Credibility is key—courts can see through fabricated accusations when properly challenged.

Warning: Even while defending against a false OP, do NOT contact the petitioner. Any contact—even to discuss the case or children—can be used as evidence against you and may result in criminal charges for violation.

Frequently Asked Questions

What is an order of protection in Illinois? +

What's the difference between emergency and plenary orders? +

How does an order of protection affect custody? +

Will I lose my FOID card? +

What if my spouse files a false order of protection? +

How long does an order of protection last? +

Need Help with an Order of Protection?

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This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content.