What Proof Is Needed for a Restraining Order?

A restraining order, also known as an order of protection in Illinois, is a court order that limits someone’s ability to contact or approach you. It is a legal tool for individuals facing abuse, threats, or harassment from another person. 

However, courts will not give them out upon request. Rather, you need certain evidence to obtain a protective order. 

1. The Three Types of Orders

Illinois courts offer three types of orders of protection: (1) emergency orders, (2) interim orders, and (3) plenary orders. Each serves a different purpose and has different requirements.

Emergency Orders of Protection

An emergency order of protection (EOP) can be issued on the day you file, often without notifying the respondent (the person against whom you are seeking an order) in advance. You must show that you were abused by the respondent and that immediate protection is necessary before a full hearing can take place. 

Judges issue emergency orders when a petitioner who is a family member or household member of the respondent files a credible statement describing abuse under the Illinois Domestic Violence Act.

Interim Orders of Protection

An interim order of protection provides temporary protection while a petitioner awaits a hearing for a plenary order. It generally lasts up to 30 days and requires the respondent to have received notice or appeared before the court.

Plenary Order of Protection

A plenary order of protection generally lasts up to two years and requires a hearing after the respondent has received proper notice and an opportunity to appear. The court may issue the order even if the respondent does not appear.

While lower than the standard used in criminal cases, you must establish that the alleged abuse more likely than not occurred, even if the respondent presents no evidence.

What Qualifies as Abuse Under Illinois Law?

The Illinois Domestic Violence Act defines abuse broadly to include physical harm, such as hitting, pushing, or choking, as well as the following actions:

• Harassment that creates fear of harm or causes emotional distress without a legitimate purpose.
• Intimidation of a dependent, such as forcing someone who depends on another person because of age, health, or disability to participate in or witness physical abuse against a family or household member.
• Interference with personal liberty, such as restricting movement, preventing someone from contacting emergency services, or isolating an individual.
• Willful deprivation of basic needs, such as shelter, medical care, or food, to a dependent adult.

Repeated unwanted contact or threatening behavior can support a petition for an order of protection depending on the facts of the case.

Evidence That Supports a Petition

You do not need a prior conviction or police report to request a restraining order. Courts consider various types of evidence to determine the appropriateness of an order. 

These include: 

• Your testimony and a credible personal account of events, including specific dates, locations, and actions. Judges recognize that abuse frequently happens without outside witnesses.
• Text messages and voicemails corroborating threatening or hostile behavior. Retain all messages, ensuring screenshots capture the sender’s phone number or identifier. Emails and social media posts are also valuable evidence of misconduct or harassment.
• Photographs showing physical injuries, property damage, or an individual’s unauthorized presence.
• Medical documentation for injuries consistent with the reported abuse.
• Witness statements from individuals who witnessed an incident, heard threats, or observed injuries can strengthen your claims.
• Police records generated from prior calls to law enforcement help establish a pattern, even if no arrest occurred.

Many individuals seek protection with limited documentation, particularly when prioritizing personal safety over gathering evidence. 

If you lack physical evidence, a detailed personal statement can provide support for a temporary order at the very least. An experienced legal professional can help structure your statement to meet legal requirements effectively.

Contact Bruno Law Offices Today To Schedule a Free Consultation With an Urbana Criminal Defense Attorney

If you are considering an order of protection in Illinois, an experienced attorney can help you understand your legal options and the evidence required to obtain an order. Bruno Law Offices can evaluate your case and assist you in presenting clear evidence to support your request for protection. 

For more information, contact an experienced Urbana criminal defense lawyer at Bruno Law Offices for a free consultation.

We proudly serve clients in Bloomington, Urbana, and throughout Central Illinois.

Bruno Law Offices – Urbana Location
301 W Green St, Urbana, IL 61801
(217) 328-6000

Bruno Law Offices – Bloomington Location
216 E Grove St Ste 2207, Bloomington, IL 61701
(217) 328-6000