Does an Order of Protection Really Help?

 Posted on February 27, 2025 in Domestic Violence

When someone faces threats, harassment, or abuse, obtaining an order of protection may seem like the best way to ensure safety. However, many may wonder: does an order of protection really work? While an order of protection is a legally enforceable tool that can provide security, it is not a guaranteed solution to prevent harm. 

In some cases, an order of protection successfully deters an abuser from making contact or engaging in further harm. In other situations, it may not be enough to stop an abuser from acting violently. If you are considering an order of protection, an experienced Illinois family law attorney can guide you through the process and help you take additional legal steps to stay safe.

What Is an Order of Protection in Illinois?

An order of protection is a court-issued directive that prohibits an abuser from engaging in certain behaviors like contacting or approaching the protected person. In Illinois, orders of protection fall under the Illinois Domestic Violence Act (IDVA) and are available to those experiencing domestic violence, harassment, or threats from a family or household member. This can apply to various circumstances, which include:

• Current or former spouses

• People who have a child together

• Parents, children, and step-relatives

• People who live together or used to live together

• Current or former dating partners

• Caregivers of a disabled adult

This law is designed to protect victims of domestic violence. However, if someone is being harassed by a coworker, acquaintance, or stranger, he or she may instead need a restraining order or a stalking no-contact order.

What Protections Does an Order of Protection Provide?

An order of protection can include multiple restrictions on the abuser, depending on the specific circumstances. Some of the most common provisions include:

• No-contact orders: The abuser cannot contact the victim in person, by phone, email, text, or social media.

• Stay-away orders: The abuser must stay a certain distance away from the victim's home, workplace, or school.

• Exclusive possession of a residence: The abuser may be ordered to move out of a shared home, even if their name is on the lease or deed.

• Temporary custody or visitation restrictions: The order may grant temporary child custody to the victim and restrict the abuser's visitation rights.

• Firearm restrictions: The abuser may be required to surrender any firearms and may be prohibited from purchasing new ones in the future.

These protections can be crucial in preventing further harm, but their effectiveness depends on enforcement and compliance.

How Long Does an Order of Protection Last?

The duration of an order of protection depends on the type of order issued by the court. Illinois law allows for three main types, which are:

• Emergency Order of Protection (EOP): This order can be issued immediately without notifying the abuser. It typically lasts up to 21 days and is meant to provide short-term protection until a court hearing can happen.

• Interim Order of Protection: If a hearing is delayed, the court may issue an interim order lasting up to 30 days. This type of order is common when a victim needs protection while waiting for a full hearing.

• Plenary Order of Protection: This order is issued after a full court hearing, where both parties can present evidence. It can last up to two years and may be extended if necessary.

A victim can request a renewal of a plenary order if he or she still feels threatened after it expires. In some instances, a judge may grant a long-term order for several years.

Can an Order of Protection Be Enforced?

An order of protection is a legally binding directive, and violating it can result in serious consequences. In Illinois, violating an order of protection is a Class A misdemeanor, punishable by up to one year in jail and a $2,500 fine. Repeat violations can escalate to felony charges, leading to longer jail sentences and higher fines.

Law enforcement plays a key role in enforcing these orders. If the protected person calls 911 and reports a violation, police can immediately arrest the offender. Judges may impose jail time, fines, or additional restrictions on the abuser, such as extending the duration of the order or revoking firearm rights. However, while these penalties serve as deterrents, they do not always prevent future violations.

Does an Order of Protection Stop All Forms of Abuse?

Although an order of protection creates legal consequences for an abuser, it does not physically prevent someone from attempting to cause harm. Some abusers ignore court orders and will continue their behavior despite legal restrictions.

One of the biggest challenges is that law enforcement response times can vary. Even if the protected person calls 911, officers may not arrive in time to prevent an incident. Some abusers find ways to intimidate victims without directly violating the order. He or she might:

• Use third-party communication, such as asking a friend to contact the victim

• Make anonymous threats online

• Stalk the victim in ways that are difficult to prove legally 

Another concern is that some victims develop a false sense of security after obtaining an order of protection. He or she may believe that the legal document alone will keep them safe, which can prevent him or her from taking additional safety measures. Because of these limitations, people facing serious threats should consider other strategies to protect themselves.

What Are Additional Steps to Stay Safe?

While an order of protection is an important legal tool, it is most effective when combined with additional safety measures. People seeking protection should take extra steps to ensure their security. Some helpful methods may include:

• Developing a safety plan: This can include identifying safe places to go, packing an emergency bag with essentials, and creating a plan for communicating with trusted friends or family members in case of danger.

• Securing the home: Changing locks, installing security cameras, and using an alarm system can help prevent an abuser from gaining access to the victim. Some may choose to stay with a trusted friend or relative until he or she feels safe.

• Limiting contact with the abuser: Blocking phone numbers, changing social media settings, and informing employers about the situation can help reduce opportunities for harassment. It may also be helpful to notify local law enforcement, coworkers, and neighbors about the protective order so they can help monitor the situation.

• Seeking counseling or joining a support group: Dealing with domestic violence is emotionally challenging, and having a strong support system can provide encouragement and guidance.

Contact a DuPage County, IL Order of Protection Lawyer

An order of protection can be an effective legal tool, but it works best when combined with additional safety measures. If you are facing threats, harassment, or domestic violence, seeking legal help is essential to your safety. A Wheaton, IL order of protection lawyer at The Stogsdill Law Firm, P.C. can assist you in obtaining and enforcing a court order. Call us today at 630-462-9500 today to discuss your legal options.