IllinoisIllinois courts issue protection orders when listed evidence supports abuse claims
Illinois courts grant protection orders when evidence supports claims of domestic violence, sexual offenses, or stalking, and the law lists who may seek protection.
What it does
Courts grant a protection order when initial evidence shows domestic violence, a sexual offense, or stalking. A respondent may present a strong defense to evidence based on a charge.
The law lists people protected and who may ask for an order, including certain caregivers abused by a child's family or household member. Incarceration alone cannot block a petition.
Argument forPeople seeking safety may get court protection based on a filed charge or other listed evidence without waiting for a conviction.
Argument againstA respondent may face a protection order based on a filed charge before a conviction; presenting a defense requires a written notice, an affidavit, and a hearing.
More detail
Courts grant a protection order when they find initial evidence that domestic violence, a sexual offense, or stalking occurred. This applies to claims of domestic violence, sexual offenses, or stalking, including attempts to commit those crimes. A respondent may challenge evidence based on a charge by filing a verified written notice and affidavit describing a strong defense. After a hearing, the court may decline to issue the order if the respondent proves the defense is more likely true than not. If the court issues a final order, both sides must have a chance to be heard on the requested protections. The court applies this rule when deciding whether to issue an order.
The law lists people protected by the Domestic Violence Act and those who may file for a protection order. Protected people include abused family or household members, certain children and adults in their care, people living or working at a home or shelter housing an abused family member, and certain foster, adoptive, or appointed caregivers abused by a child's family or household member. A person may file for a minor or adult who cannot file because of age, health, disability, or inaccessibility. A victim may file against an offender who abused them before incarceration if that offender is incarcerated when the petition is filed. A petition may not be denied solely because the petitioner or respondent is incarcerated. For a petition against an incarcerated offender, the offender must be incarcerated when the victim files.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Aug 7Public Act . . . . . . . . . 104-0775Latest
- Aug 7Effective Date August 7, 2026
- Aug 7Governor J. B. Pritzker ApprovedBecame Law
- Jun 18Sent to the GovernorTo Governor
- May 21Passed Both Houses
- Vote recorded Third Reading. Result: pass.Upper
- May 21Third Reading - Passed; 058-000-000Passed Senate
- May 20Added as Alternate Co-Sponsor Sen. Mike Simmons
- May 19Placed on Calendar Order of 3rd Reading **
- May 14Placed on Calendar Order of 3rd Reading May 18, 2026
- May 14Second ReadingMinor
- Apr 30Placed on Calendar Order of 2nd Reading May 5, 2026Minor
- Apr 30Do Pass Executive; 013-000-000
- Apr 29Added as Alternate Chief Co-Sponsor Sen. Celina Villanueva
- Vote recorded Do Pass. Result: pass.Upper
- Apr 22Assigned to ExecutiveMinor
- Apr 10Referred to Assignments
- Apr 10First ReadingMinor
- Apr 10Chief Senate Sponsor Sen. Robert Peters
- Apr 10Placed on Calendar Order of First ReadingMinor
- Apr 10Arrive in SenateMinor
- Apr 8Added Co-Sponsor Rep. Debbie Meyers-Martin
- Vote recorded Third Reading. Result: pass.Lower
- Apr 8Added Co-Sponsor Rep. Kelly M. Cassidy
- Apr 8Added Co-Sponsor Rep. Yolonda Morris
- Apr 8Third Reading - Short Debate - Passed 103-000-000Passed House
- Apr 8Added Chief Co-Sponsor Rep. Carol Ammons
- Apr 7Placed on Calendar Order of 3rd Reading - Short Debate
- Apr 7Second Reading - Short DebateMinor
- Mar 19Placed on Calendar 2nd Reading - Short DebateMinor
- Mar 18Do Pass / Short Debate Judiciary - Criminal Committee; 013-000-000
- Vote recorded Do Pass. Result: pass.Lower
- Feb 24Assigned to Judiciary - Criminal CommitteeMinor
- Feb 6Referred to Rules Committee
- Feb 6First ReadingMinor
- Feb 2Filed with the Clerk by Rep. Will GuzzardiIntroduced
Criminal JusticePublic Safety