State of Illinois Seal
19th Judicial Circuit Court ofLake County, Illinois
Skip Navigation Links
Home
For Attorneys
For Jurors
For Educators
For the Media
Site Map
Accessibility
Find it Quick  |  FAQ's  |  Our Organization  |  Services & Programs  |  Resources  |  Court Calendars
 
 
 
 

      Center for Self Representation

 
 
19th Judicial Circuit > Center for Self Representation > CSR - Domestic Violence
 

CSR 
Home

Domestic Abuse

Mortgage Foreclosure

Simplified Divorce

Small Claims

Traffic Court

Other Topics

Court Forms

Flag and gavel

Domestic Abuse and 
Orders of Protection

     This is the Domestic Abuse and Orders of Protection Self-Representation Section. Please review the Domestic Abuse Overview in it's entirety, prior to proceeding to the other sections.

(Oprima aqui con el ratón para ver esta página en español)


Domestic Abuse > Domestic Abuse Overview>
Domestic Abuse Overview Suggestions for Keeping Safe How to Prepare, File and Serve an Order of Protection Harassment, Stalking, or Other Types of Abuse Obscene or Harassing Phone Calls   Suspected Abuse of Others Additional Resources
and Definitions of Terms 
 
Suggested Web Links

If you are being abused at home...
you are not alone.

IF YOU ARE THE VICTIM OF DOMESTIC ABUSE, OR BELIEVE YOURSELF AT RISK

     If you are not in immediate danger but believe yourself to be in need of protection and the offender is either a family or household member, someone with whom you live or have lived with, or someone who else who fits the statutory definition, you may qualify to file a Petition for an Order of Protection. Cases involving Domestic Violence are filed in Domestic Violence Court. You do not have to have an attorney in order to file a Order of Protection case, but you will need to file the necessary paperwork with the Circuit Clerk's office prior to coming to court.

     When you come into the Domestic Violence Court for the purpose of filing a Petition for an Order of Protection, you will need to bring a good (valid) address for the person against whom you are filing the Petition. This is necessary because your Petition must be served on the person you will be naming as the Respondent at a later time. You will also be asked to fill out papers that include a description of the incident or incidents which have led you to file the Petition. The incident(s) must involve an offender who is a family or household member, someone with whom you live or have lived with, or someone else who fits within the statutory definition and must be in the nature of actual physical abuse, threat of harm or harassment.  You cannot file a Petition for an Order of Protection in a situation involving only destruction of, or threat of harm to, property alone.

     Once you have completed the necessary paperwork, you must decide whether to request an Emergency Order of Protection, or whether to set the case for hearing. In order to obtain an Emergency Order of Protection, you must appear before a Judge for a hearing to establish that abuse has occurred and that further abuse is likely to occur again if the abuser were given prior notice of the filing of your case. If, after the hearing for an Emergency Order, the Judge finds an Emergency Order is necessary, it will be entered upon the conclusion of your hearing. It may be possible to obtain an Emergency Order of Protection within 24 hours. If your case is not an emergency, you will be given a court date for hearing. This date is generally from 5 to 21 days from the time you file your case, since it is necessary for the respondent to be served with the Summons and the Petition for Order of Protection.

     At the court hearing, an Order of Protection (sometimes referred to as a "restraining order, Peace Bond" or "OP") may be issued by the judge. Depending on your individual situation, the judge may also issue orders granting temporary maintenance, child support, child custody, and possession of your home. An Emergency Order of Protection may be in effect for up to 21 days, a Interim Order of Protection for up to 30 days and a Plenary (Final) Order of Protection for up to 2 years. The purpose of the Interim Order is to give the petitioner time to initiate additional legal action, such as a divorce or separation, or time for the respondent and/or petitioner to seek counseling should they wish to pursue another course of action. Because each case is unique the exact outcome of any one case cannot be predicted.

    Back to the top


 
Domestic Abuse > Suggestions for Keeping Safe>
Domestic Abuse Overview Suggestions for Keeping Safe How to Prepare, File and Serve an Order of Protection Harassment, Stalking, or Other Types of Abuse Obscene or Harassing Phone Calls Suspected Abuse of Others Additional Resources
and Definitions of Terms
Suggested Web Links

Suggestions for Keeping Safe

     Check the Lake County State's Attorney Domestic Violence website for recommendation and resources on How to Keep Safe.  Additionally, A Safe Place offers Domestic Violence Safety Tips and Facts on their website. 

     Another resource is the Illinois Coalition Against Domestic Violence web site which has additional recommendations and resources related Domestic Abuse in Illinois.

Back to the top 


Domestic Abuse > How to Prepare, File and Serve an Order of Protection>
Domestic Abuse Overview Suggestions for Keeping Safe How to Prepare, File and Serve an Order of Protection Harassment, Stalking, or Other Types of Abuse Obscene or Harassing Phone Calls Suspected Abuse of Others Additional Resources
and Definitions of Terms
Suggested Web Links

How to Prepare, File and Serve an Order of Protection (OP) in Lake County

      In order to expedite the process of obtaining an Order of Protection, download and complete the following worksheet prior to coming to the courthouse: This worksheet list most of the information you should bring with you to help complete the Petition for an Order of Protection.
 

Order of Protection Information Worksheet:
 
Acrobat (.pdf) fillable 
Order of Protection Blank Forms
These forms are PDF copies of the original forms and provided as a guide. 
The original forms used in court are multi-copy carbonless multi-color forms and available in Lake County's Office of the Clerk of the Circuit CourtA Safe Place also has copies available for their clients.

Description

Form Number

Revision Date

 Petition for Order of Protection - Lake 171-37 R 01/10
 Summons - Order of Protection 171-107a R 07/03
 Return of Service - Order of Protection New 07/03
 Emergency Order of Protection - Lake 171-288 R 01/10
 Interim / Plenary Order of Protection - Lake 171-289 R 01/10
 Affidavit of Visitation Supervisor New 07/03
 Notice of Order of Protection to Local Law Enforcement New 07/03
 Notice of Order of Protection to School(s) / Day Care Facilities New 07/03
 Order - Extension, Modification, and Hearing on Petition for Order of Protection 171-42 R 07/03
 Order with Statutory Findings Regarding Petition for Order of Protection 171-172 R 03/04
 Uniform Order of Support - Lake  171-195 R 04/06

Start in A Safe Place - Court Advocacy

     Located in the Babcox Justice Center at 20 S. County Street.  A Safe Place will provide you an advocate who will be there to help you complete the paperwork and take you through the process of obtaining an Order of Protection. 

     A Safe Place's Court Advocacy Program has assisted victims of domestic violence in the Lake County Courthouse since 1984.

     Court advocates, including some bilingual, bicultural staff and trained volunteers, assist victims in A Safe Room within the courthouse as they prepare to seek Orders of Protection.

    These court advocates offer support to victims in the domestic violence courtroom and also will assist victims who choose to be witnesses during the criminal prosecution of abusers.

     We also offer extensive referral and information systems to all clients through networks with numerous service providers, members of legal and medical communities, schools, churches, and local businesses.

     If you would like more information about A Safe Place's Court Advocacy Program and the other domestic violence assistance services and programs we provide, please call us at 847-249-5147 or email them at info@asafeplaceforhelp.org or visit their website at: http://www.asafeplaceforhelp.org/.

 

Clerk of the Circuit Court

      If someone wishes to file an Order of Protection against another individual, he or she may do so with the civil/criminal division of the Circuit Clerk’s Office. Forms to file a Petition for an Order of Protection are provided by the Circuit Clerk’s Office. Once a petition has been filed with the Civil/Criminal division, the clerks will:
  • Give the file a case number;
  • Send the individual filing the petition into a courtroom immediately; and
  • Prepare the forms for the Lake County Sheriff.
     Once an Order of Protection is issued by a judge, the order is maintained by the Circuit Clerk’s Office. This process typically takes two to three hours to complete.

 

State's Attorney's Office

    If you report a case of domestic violence: Once an officer has responded to a scene, a report is taken and the Felony Review Division of the State's Attorneys Office is contacted.

     The Felony Review Division starts the early stages of the criminal case. If it is determined that the facts warrant charging an offender, the case will be charged and once the offender is arrested, a bond hearing will take place in C-120.

     You will be contacted by the Felony Review Counselor. If you have not heard from our office within 24 hours, we can be contacted at 847.377.3000. We can explain the procedures, bond, charges and future court dates.

     If you are a victim involved in a criminal proceeding: The State's Attorneys Office can offer support and information through the Victim/Witness Unit. A counselor is assigned to every case and is available to answer any questions regarding the, often times, intimidating legal process. A counselor can provide information on counseling programs, financial assistance and legal aid.

     For additional information, please visit the State's Attorney Domestic Violence website at: http://lakecountyil.gov/StatesAttorney/domesticviolence/Default.htm .

 

Lake County Sheriff's Office and local Police Departments

    If an Emergency Order of Protection is issued, the Sheriff will enter your Emergency Order of Protection into the Law Enforcement Agencies Data System (LEADS). However, you should also provide a copy of your Order of Protection to the local police agencies where you live, where you work and any other protected area named in your order.

     If an Emergency Order of Protection is denied, but the Judge sets a hearing date on your case and if the offender lives in Lake County, the Sheriff’s Department will serve the offender with the Petition and Order setting the hearing date. However, if the offender does not live in Lake County, you will receive all of the paperwork and you will be required to deliver that paperwork to the Sheriff of the county where the offender can be found and served. The more information you provide about the offender, (i.e. home and work address, date of birth, SSN, or other addresses the offender can be found) the greater likelihood the offender will be served.

     Remember, an Order of Protection is a legal document, not a shield from violence. Be aware of your surroundings and call for assistance if in doubt.

Other Locations

     You should also provide a copy of your Order of Protection to your children's school and your place of employment if those locations are stipulated (included and listed) as a protected area on your Order of Protection.  Also any additions or modifications to your order should be provided to these locations.

Back to the top 


Domestic Abuse > Harassment, Stalking, or Other Types of Abuse>
Domestic Abuse Overview Suggestions for Keeping Safe How to Prepare, File and Serve an Order of Protection Harassment, Stalking, or Other Types of Abuse Obscene or Harassing Phone Calls Suspected Abuse of Others Additional Resources
and Definitions of Terms
Suggested Web Links

HARASSMENT, STALKING, OR OTHER TYPES OF ABUSE

     The following types of abuse qualify for relief by the filing of a Petition for Order of Protection: harassment, stalking, physical abuse, exploitation, interference with personal liberty, intimidation of a dependent, neglect and willful deprivation.

Back to the top 


Domestic Abuse > Obscene or Harassing Phone Calls >
Domestic Abuse Overview Suggestions for Keeping Safe How to Prepare, File and Serve an Order of Protection Harassment, Stalking, or Other Types of Abuse Obscene or Harassing Phone Calls Suspected Abuse of Others Additional Resources
and Definitions of Terms
Suggested Web Links

OBSCENE OR HARASSING PHONE CALLS

     Obscene or harassing phone calls should always be reported to your local police department. For further assistance in dealing with such calls, SBC customers may contact 800-769-4099, AT&T customers may contact 800-222-0300.  

Back to the top 


Domestic Abuse > Suspected Abuse of Others>
Domestic Abuse Overview Suggestions for Keeping Safe How to Prepare, File and Serve an Order of Protection Harassment, Stalking, or Other Types of Abuse Obscene or Harassing Phone Calls Suspected Abuse of Others Additional Resources
and Definitions of Terms
Suggested Web Links

SUSPECTED ABUSE OF OTHERS

     If you are the witness to a crime, you should call 911 or contact one of the local law enforcement agencies listed on this page. If you have not actually witnessed a crime, but have good reason to suspect that an adult has been the victim of abuse or neglect, you may wish to contact the Illinois Department of Human Services.  If you have not actually witnessed a crime, but have good reason to suspect that a child has been the victim of abuse or neglect, you may wish to contact the Illinois Department of Children and Family Services. DCFS has local offices in Waukegan; the number for DCFS Protective Services is 1-800-25ABUSE.

Adults: The mission of Adult Protective Services is to protect the health and welfare of elderly and disabled adults. Adult Protective Services are provided to individuals 18 years of age or older who are victims of actual or potential abuse, neglect, or exploitation. DCFS also provides services to meet the adults' basic needs and to ensure their safety.

Adults with Disabilities Abuse: DCFS's Office of the Inspector General (OIG) investigates allegations of abuse and neglect in state-operated facilities and community agencies serving individuals with mental illness or developmental disabilities. OIG assesses reports of abuse, neglect and mistreatment of individuals with disabilities in domestic settings including private homes. To report an incident, call 1-800-368-1463.

Children: Persons who come to the attention of the Illinois Department of Children and Family Services (DCFS) in need of protective services are those who are potentially abusive of their children or who are suspected of having abused or neglected their children. DCFS caseworkers assess reports of child abuse/neglect to determine their validity. This includes determining whether the child is "at risk" of being abused or neglected and determining the family's need for support services.

Back to the top 


Domestic Abuse > Additional Resources > Definitions of Terms
Domestic Abuse Overview Suggestions for Keeping Safe How to Prepare, File and Serve an Order of Protection Harassment, Stalking, or Other Types of Abuse Obscene or Harassing Phone Calls Suspected Abuse of Others Additional Resources
and Definitions of Terms
Suggested Web Links

Additional Resources

Dial 9-1-1 to report an accident, fire, serious illness, injury, or crime in progress
 that requires IMMEDIATE response.

     Cellular phone users dialing 911 in Lake County, IL should be connected to the closest Emergency Service Agency within the vicinity of the cell tower your phone is connecting through.
     However, you will have to provide the dispatcher your exact location.

NON-EMERGENCY LAW ENFORCEMENT AGENCY NUMBERS
       Dial these Non-Emergency numbers when in need of non-urgent service or for information where no response for services is required.

Lake County Department's

Lake County Sheriff 1-847-549-5200
Antioch Police 1-847-395-8585
Fox Lake Police 1-847-587-3100
Grayslake Police 1-847-223-2341
Great Lakes Naval Base 1-847-688-3430
Gurnee Police 1-847-244-8640
Hainesville Police 1-847-270-9111
Highland Park Police 1-847-432-7730
Highwood Police 1-847-432-2152
Lake Forest Police 1-847-234-2601
Lake Villa Police 1-847-356-6106
Libertyville Police 1-847-362-8310
Lindenhurst Police 1-847-356-5400
Mundelein Police 1-847-949-3250
North Chicago Police 1-847-578-7798
Park City Police 1-847-662-2133
Cencom Area Dispatcher serving Round Lake (RL),
RL Beach, RL Heights, RL Park District Police
1-847-270-9111
Vernon Hills Police 1-847-362-4449
Waukegan Police  1-847-599-2500
Winthrop Harbor Police 1-847-872-2131
Zion Police 1-847-872-8000

CRISIS HOTLINES / INFORMATION

A Safe Place Hotline

1-847-249-4450

Connections (Crisis Information/Referrals - 24 x 7)

1-847-689-1080
1-847-689-0394

Catholic Charities

1-847-782-4000

Connections (Student Hotline)

1-800-310-1234

Illinois Coalition Against Domestic Violence

1-217-789-2830

     ILLINOIS PARTNER ABUSE INTERVENTION PROGRAMS
        
Find the the Illinois Domestic Violence program nearest to you.
         Find the Batterer's Intervention Program nearest you by County/City.
Illinois Domestic Violence Help Line

1-877-863-6338

Lake County Health Department
   - Crisis Care Program (CCP)

1-847-377-8088
TTY 1-847-360-2905

National Domestic Violence Hotline

1-800-799-SAFE (7233)
                     or
1-800-787-3224 (TDD)

Naval Station Great Lakes - Fleet and Family Support Center

1-847-688-3603 x100

LEGAL ADVOCACY

Order of Protection Advocacy

1-847-360-6471

    Court advocates with some bilingual, bicultural staff and trained volunteers, assist 
     victims in
A Safe Room within the courthouse as they prepare to seek orders of protection.

Lake County Bar Association

1-847-244-3140

   Can assist you in acquiring legal representation.

Illinois Bar Association Lawyer's Referral Service

1-800-868-2284

   Can assist you in acquiring legal representation.

Prairie State Legal Services 
   Provides legal information and assistance.

1-847-662-6925
1-800-942-3940
1-847-662-6986

Lake County State's Attorney Office

1-847-377-3000

     Provides assistance and information to victims of criminal acts, abuse, assault, etc. 
in Lake County
.

CHILD ABUSE / SEXUAL ABUSE

Lake County Council Against Sexual Assault - LaCASA

1-847-872-7799

   Provides assistance and counseling services for sexual assault and abuse victims.

Illinois Department of Children and Family Services
       Manual for the Mandated Reporters of Child Abuse

1-800-25ABUSE
1-800-252-2873
1-800-358-5117 TTY

Back to the top 


  Definitions of Terms and Abbreviations used in Orders of Protection

Abuse - "Abuse" means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis.

Domestic Violence - Domestic Violence means abuse as defined in the definition above.

Exploitation - "Exploitation" means the illegal, including tortuous, use of a high-risk adult with disabilities or of the assets or resources of a high-risk adult with disabilities. Exploitation includes, but is not limited to, the misappropriation of assets or resources of a high-risk adult with disabilities by undue influence, by breach of a fiduciary relationship, by fraud, deception, or extortion, or the use of such assets or resources in a manner contrary to law.

Family or Household Members - Include spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants. For purposes of this paragraph, neither a casual acquaintanceship nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute a dating relationship. In the case of a high-risk adult with disabilities, "family or household members" includes any person who has the responsibility for a high-risk adult as a result of a family relationship or who has assumed responsibility for all or a portion of the care of a high-risk adult with disabilities voluntarily, or by express or implied contract, or by court order.

Harassment - "Harassment" means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances, would cause a reasonable person emotional distress, and does cause emotional distress to the petitioner. Unless the presumption is rebutted by a preponderance of the evidence, the following types of conduct shall be presumed to cause emotional distress:

    a) creating a disturbance at petitioner’s place of employment or school;

    b) repeatedly telephoning petitioner’s place of employment, home or residence;

    c) repeatedly following petitioner about in a public place or places;

    d) repeatedly keeping petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner’s windows;

    e) repeatedly threatening to improperly remove a child of petitioner’s from the jurisdiction, improperly concealing that child from petitioner or making a single such threat following an actual or attempted improper removal or concealment;

    f) improperly concealing a minor child from petitioner, repeatedly threatening to improperly remove a minor child of petitioner from the jurisdiction or from the physical care of petitioner, repeatedly threatening to conceal a minor child from petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing an incident or pattern of domestic violence; or

    g) threatening physical force, confinement or restraint on one or more occasions.

In loco parentis - In the place of a parent; instead of a parent. 

IMDMA - Illinois Marriage and Dissolution of Marriage Act

Interference with Personal Liberty - "Interference with personal liberty" means committing or threatening physical abuse, harassment, intimidation or willful deprivation so as to compel another to engage in conduct from which she or he has a right to abstain or to refrain from conduct in which she or he has a right to engage.

Intimidation of a Dependent - "Intimidation" means subjecting a person who is dependent because of age, health or disability to participation in, or the witnessing of: physical force against another or physical confinement or restraint of another which constitutes physical abuse as herein defined, regardless of whether the abused person is a family or household member.

Neglect - "Neglect" means the failure to exercise that degree of care toward a high-risk adult with disabilities which a reasonable person would exercise under the circumstances and includes but is not limited to:

    a) the failure to take reasonable steps to protect a high-risk adult with disabilities from acts of abuse;

    b) the repeated, careless imposition of unreasonable confinement;

    c) the failure to provide food, shelter, clothing, and personal hygiene to a high-risk adult with disabilities who requires such assistance;

    d) the failure to provide medical and rehabilitative care for the physical and mental health needs of a high-risk adult with disabilities; or

    e) the failure to protect a high-risk adult with disabilities from health and safety hazards.

Physical Abuse - "Physical abuse" includes sexual abuse and means any of the following:

a) knowing or reckless use of physical force, confinement, or restraint; or

b) knowing, repeated and unnecessary sleep deprivation; or

c) knowing or reckless conduct which creates an immediate risk of physical harm.

PKPA - Parental Kidnapping Prevention Act

SDU - State Disbursement Unit

Stalking - "Stalking" means knowingly and without lawful justification, on at least two (2) separate occasions, following another person or placing the person under surveillance or any combination thereof and:

a) at any time transmitting a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or

b) placing that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or

c) placing that person in reasonable apprehension that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint.

UCCJA - Uniform Child Custody Jurisdiction Act

Willful Deprivation - "Willful deprivation" means willfully denying a person who because of age, health or disability requires medication, medical care, shelter, food, therapeutic device, or other physical assistance, and thereby exposing that person to the risk of physical, mental or emotional harm, except with regard to medical care or treatment when the dependent person has expressed an intent to forego such medical care or treatment. This paragraph does not create any new affirmative duty to provide support to dependent persons.

Back to the top 


Domestic Abuse > Suggested Web Links >
Domestic Abuse Overview Suggestions for Keeping Safe How to Prepare, File and Serve an Order of Protection Harassment, Stalking, or Other Types of Abuse Obscene or Harassing Phone Calls Suspected Abuse of Others Additional Resources
and Definitions of Terms
Suggested Web Links

Suggested Web Links

Click here for suggested websites related to Domestic Abuse and Petitions for Orders of Protection.

Back to the top

     
 
     © 2013 Nineteenth Judicial Circuit Court. All rights reserved. | Privacy | Disclaimer | Site Map | Contact Us | Accessibility Accommodations Accessibility Accommodations