Enforcing Orders of Protection
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Enforcing Out-Of-State OP in Illinois
Can I get my protection order enforced in Illinois? What are the requirements?
Yes. Your protection order can be enforced in Illinois as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case).
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. It doesn’t matter if he actually showed up in court; just that he had the opportunity to do so.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled within a “reasonable time” after the order is issued.**
* 18 U.S.C. § 2266(5)(A)
** 18 U.S.C. § 2265(a) & (b); 750 ILCS 60/223(d)
Can I have my out-of-state Order of Protection changed, extended, or canceled in IL?
No. Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Illinois.
To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living.
If your order does expire while you are living in Illinois, you may be able to get a new one issued in IL. To find out more, read: Obtaining Order of Protection
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Can I get my Order of Protection from Illinois enforced in another state?
Yes. If you have a valid Illinois Order of Protection that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid Orders of Protection granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories. Your Order of Protection qualifies if:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case).
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. It doesn’t matter if he actually showed up in court; just that he had the opportunity to do so.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled within a “reasonable time” after the order is issued.**