Fighting an Order of Protection in Illinois

 Posted on June 06, 2026 in Domestic Violence & Orders of Protection

Orders of protection, or restraining orders, may be issued for a variety of reasons. However, they are most typically seen in cases that involve charges of stalking or domestic violence. What can you do if you have been served an order of protection? Is there any way that you can fight back? With the help of an Arlington Heights, IL criminal defense attorney, you can contest allegations of domestic violence and protect your rights.

Our firm is well aware of how stressful it can be to be served with an order of protection. As a former prosecutor with over 25 years of criminal law experience, Scott F. Anderson, Attorney at Law, can advise you every step of the way.

When Can You Get Served With an Order of Protection?

An order of protection can be issued in a wide range of situations. Illinois law allows a court to grant one whenever someone claims they have been abused by a family member, a household member, or someone they have a close personal relationship with. That includes current or former spouses, dating partners, people who share a child, and people who live or have lived together.

You can be served with an order at almost any point, and you do not have to be charged with or convicted of a criminal offense for one to be issued against you. A judge can grant an emergency order based solely on the petitioner's account of events. You may not find out about it until an officer shows up at your home or workplace to serve you. From that moment, the order is legally binding, and you are expected to follow it.

The Importance of Complying With an Order of Protection

Being served with an order of protection can be jarring, especially if you believe the allegations behind it are exaggerated or untrue. However, your feelings about the order do not change your legal obligation to follow it. Understanding what the order requires is one of the most important things you can do to protect yourself while the matter is pending.

Orders of protection in Illinois commonly include terms such as:

• No contact with the petitioner, including calls, texts, emails, messages through third parties, or contact through social media
• Staying away from the petitioner's home, even if you previously lived there
• Staying away from the petitioner's workplace, school, or other locations they frequent
• No contact with any other individuals named in the order, such as children or other household members
• Surrendering firearms or other weapons as directed by the court
• Attending counseling or treatment programs if ordered
• Paying support or other financial obligations outlined in the order

The terms of any given order will depend on what the court found necessary at the time it was issued. Read every page carefully and, if anything is unclear, speak with an attorney before taking any action that could be considered a violation.

Compliance is not optional, and it is not a concession that the allegations against you are true. It is a practical decision that keeps you out of further legal jeopardy while you work toward a resolution.

Penalties for Violating an Order of Protection in Illinois

A violation can lead to serious criminal consequences. In Illinois, violating an order of protection is typically charged as a Class A misdemeanor. That can mean up to one year in jail and fines of up to $2,500. If you have a prior violation on your record, the charge can be elevated to a Class 4 felony, which carries a longer potential prison sentence.

Beyond the criminal penalties, a violation can damage your position in any related civil or family court proceedings. If you are fighting the underlying allegations, a violation can make that fight significantly harder. It signals to the court that you are unwilling to follow its orders, which is not a position you want to be in.

Challenging an Order of Protection in 2026

Challenging an order of protection is a complex and arduous process. Part of this is due to the increasing awareness of domestic violence, which also led to the implementation of the Illinois Domestic Violence Act.

However, there are many reasons why individuals experience a great deal of difficulty when trying to fight an order of protection. First, there is the burden of proof, which falls on your shoulders, not the victims. Second, judges tend to err on the side of caution when it comes to domestic violence matters, and they are often hesitant to lift orders of protection once they are in place. Still, you do have options.

How an Attorney Can Help You While an Order of Protection Is in Effect

Defense attorneys can do more than just protect your rights during the criminal proceedings. They can also assist you in potentially lifting orders of protection that may have been filed against you. However, you must act quickly. The window of opportunity for fighting an order of protection is small, and if unsuccessful, the order could be extended, or possibly even made permanent.

What Happens at an Order of Protection Hearing in Arlington Heights, IL?

After an emergency order is issued, a hearing must be scheduled so both sides can appear before the court. This is your opportunity to respond to the allegations and present your side of the situation. The petitioner will explain why they believe the order should remain in place. You will have the chance to question their account and offer your own evidence.

The judge will then decide whether to issue a plenary order, which can last up to two years. That decision is based on the testimony, any supporting evidence, and the judge's assessment of the situation.

The outcome of a hearing can affect where you live, whether you can see your children, and how your criminal record looks going forward. Getting legal representation before you walk into that courtroom is not something to put off.

Contact an Arlington Heights, IL Order of Protection Defense Attorney

Scott F. Anderson, Attorney at Law, is here to help with your domestic violence or stalking case. Dedicated to your best interests, our Rolling Meadows, IL criminal defense lawyer will aggressively protect your rights and pursue the most favorable outcome possible. Get started by scheduling a free, personalized consultation. Call our office at 847-253-3400 today.