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Cook County Orders of Protection
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Orders of protection in Cook County can be obtained either in criminal or civil court. Orders of protection are essentially restraining orders. While they are often sought in domestic violence cases, protective orders also can be requested in connection with child custody, divorce, or possession of a residence.
Take a look at your situation and determine whether your Cook County case is criminal or civil. Basically, if your situation involves the police, you will file in criminal court. For example, if you are seeking a protective order where an arrest or police report has already occurred, or if you plan on filing charges, your case is considered criminal.
In Cook County, the main court that handles criminal protective orders is located at 555 W. Harrison Street in Chicago. There also are five locations covering suburban Cook County:
Bridgeview, Markham, Maywood, Rolling Meadows and Skokie. Criminal cases are prepared and filed by the State’s Attorney’s Office.
If your Cook County case does not involve an arrest, police report or criminal charges, then it is most likely considered a civil case. Note that a "history of abuse" still needs to be shown. If you live in Chicago, a civil order or protection can be requested from the Domestic Violence Court at 555 W. Harrison Street. (Both civil and criminal domestic violence cases are at the same location.) If you live in suburban Cook County, the general rule is that you file closest to where you live.
Often, protective orders are sought in connection with an existing court case. If this is the case, file in the court where your case is pending. For example, if you have an ongoing Cook County divorce case, and you need a protective order against your spouse, you should file your petition with the Domestic Relations Division. You may also apply for a protective order in the Child Support, Juvenile or Probate divisions if the request is related to a case pending there.
There is a limit on who can be protected by these orders. In general, orders are only issued for family members, household members, people who have a child together, and people who are dating or engaged.
There are three different types of orders. Emergency orders last 14-21 days, interim orders last 30 days, and a full order can last up to two years. The length of time depends on your needs and the decision of the judge.
Violation of a Cook County order of protection is a crime. In Illinois, a violation is at least a misdemeanor but can even be a felony. Even if you believe an order was issued against you unfairly, you must obey the order until a judge tells you otherwise.
Some of the court locations we mentioned may have legal assistance on site to help you file for a protective order, but it’s a good idea to consult with an attorney of your own if you can. It is an especially good idea to retain a lawyer if you want to fight an order of protection. If you let one get entered in against you it can show up on background checks against you. In addition, we have seen many situations where one person gets an order of protection against them and then is set up to violate it so they will end up in jail. We highly recommend that you fight an attempt to have a restraining order placed against you because it can lead to so many more problems.
When you contact us, we’ll listen to your situation and give you the name of an independent attorney that will look out for your best interests. Your call is free and confidential. We can’t promise a result, but do guarantee that we will treat you as if you were a family member or a friend.