How to use the court system to protect yourself from another person in Illinois

When to obtain an order of protection, a stalking no contact order, or a restraining order

1. Orders of Protection

   This type of order is appropriate when the other person has been in a romantic relationship with you, has resided with you, or is a family member. People that you have not dated, not married, not co-habitated with, or whom you are not related to do not meet the standards required to obtain an Order of Protection. You would seek this remedy if you have experienced violence with the other party, have been harassed, stalked or seriously threatened. You must have a reasonable belief that the order is necessary to protect you from this person. Once you have an order of protection and it is served upon the other party, the police may immediately arrest the person and charge him or her with violation of an order or protection.

2. Restraining Orders

   Restraining orders are commonly used in causes of action to prevent a person from physical abuse, stalking and harassing the petitioner, or disposing of property or assets. The most important difference is that a violation is addressed in civil court, not criminal court. Meaning, the police can not arrest a person for violating a restraining order. The petitioner's remedy is to file a Petition For Rule To Show Cause seeking that the violating party be held in contempt of court. This is a lengthy process that can take months to litigate. It is more appropriate to protect property and assets, but not particularly effective if you fear for your life or safety.

3. Stalking No Contact Orders

   This type of order is appropriate when there is a stalking, safety or harassment issue with a person that you have not dated, married, lived with or are not related to by blood or marriage. Similar to an order of protection, the other party can be immediately arrested and charged after being served with the order if he or she violates the directives of the Stalking No Contact Order.