What to Do If Someone Gets an Order of Protection Against You

 Posted on October 06, 2026 in Criminal Defense

If someone obtained an order of protection against you in 2026, the first thing to do is read it closely and follow every term exactly, even the ones that seem unfair. The second is to get a lawyer before your next court date, because that hearing may determine whether longer-term restrictions are entered against you. An emergency order can be entered without you present and without you knowing it was coming, but it is temporary. A later hearing allows you to respond to the allegations. An Elgin criminal defense lawyer can help you prepare for that hearing and avoid the mistakes that turn a civil order into a criminal charge.

What Are the Different Types of Orders of Protection in Illinois?

Illinois has several types of protective orders. An emergency order of protection can be entered without prior notice to you when the legal requirements for emergency relief are met. It lasts between 14 and 21 days and exists to cover the gap until a later hearing can be held.

An interim order can bridge a longer gap when you have been served, or the petitioner is making the required efforts to serve you. It can last up to 30 days.

A plenary order is entered after notice and an opportunity for a hearing. It can also be entered by default if you were properly notified and fail to appear. A stand-alone plenary order can last for a fixed period of up to two years, although different rules can apply when the order is connected to another court case.

The paperwork you were handed states which type it is and lists the date of your next court appearance. That date is the most important thing on the document.

What Can an Order of Protection Require You to Do in Illinois?

The Illinois Domestic Violence Act of 1986, 750 ILCS 60/214, gives judges a wide range of options. Depending on what the court orders, you may be:

• Barred from any contact with the petitioner, including calls, texts, email, and social media

• Prohibited from going near their home, workplace, or school

• Removed from a home you share, even if your name is on the lease or deed

• Ordered to stay away from your children, or limited to supervised parenting time

• Required to turn over firearms and barred from possessing them

• Prohibited from contacting the petitioner through friends or family members

• Ordered to pay temporary support or cover certain losses

People violate these orders most often by doing something they assumed was allowed, like picking up belongings from the house or texting about a child's schedule.

Can You Contact the Person Who Has a Protective Order Against You if They Reach Out First?

No contact means no contact, even when the petitioner initiates it. This is the single most common way people turn a manageable situation into a criminal case. The order binds you alone. The petitioner can call you, text you, or show up at your door without violating the order of protection, because the restriction was never placed on them. If the order prohibits contact and you respond, you could violate the order.

That applies to seemingly innocent exchanges as well. Answering a question about a child, agreeing to meet so they can return your property, or replying to a friendly message can violate a no-contact order.

If contact becomes necessary, it has to run through your attorney or through the court. Save any messages the petitioner sends you rather than responding, because that record may matter later.

What Happens if You Violate an Order of Protection in Illinois?

Knowingly violating certain terms of an order of protection is a criminal offense in Illinois. Other violations may be handled through contempt proceedings. A first criminal violation under 720 ILCS 5/12-3.4 starts as a Class A misdemeanor, carrying up to 364 days in jail. Certain prior convictions can raise the charge to a Class 4 felony.

A violation also gives the petitioner powerful evidence at the plenary hearing. It affects any related criminal case, and it carries serious weight in a custody dispute.

Schedule a Free Consultation With Our Kane County, IL Criminal Defense Attorney

Attorney Brian J. Mirandola is a former Assistant State's Attorney with over 25 years of criminal law experience. He has seen how these petitions are evaluated and charged from the prosecution side. He can explain exactly what your order permits, so a misunderstanding does not become a new case.

Contact The Law Office of Brian J. Mirandola at 847-488-0889 to talk to our Elgin criminal defense lawyer today.