Illinois order of protection form 2025

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The order of protection doesnt go on your criminal record; its part of a civil case. However, it is visible to law enforcement and those working in the court system.
The Burden of Proof for Orders of Protection in Illinois In civil and criminal orders of protection, the petitioner has to prove by a preponderance of the evidence that they have been subject to abuse or harassment by the respondent.
There are three types of orders of protection that can provide victims with legal protections to support their safetyemergency protective orders, temporary restraining orders, and permanent restraining orders.
Order of protections are generally a matter of public record, which means that it will likely pop up every time someone (including a potential employer) does a background check on the individual.
Either party in a protective order cases can file a Motion to Modify (change), or a Motion to Terminate (end) the protective order. The clerk will set a court date for you to appear and present this to the judge. You will have to send the Respondent a copy of your motion.
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You cannot expunge a violation of an order of protection in the state of Illinois if you were convicted of the crime. It must remain on your criminal record.
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, its called an ex parte order.

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