Protecting Yourself From Domestic Violence
Posted on September 29, 2026 in Domestic Violence
If you're in an abusive relationship, it may seem like your abuser holds all the cards. Trying to protect yourself or your children can feel like it will only make the situation worse. You still have options, and support can help you plan your next steps as safely as possible.
A safety plan, support from people you trust, and legal tools like an order of protection can help keep you safe. If you’re dealing with domestic abuse in 2026, a Geneva, IL family law attorney can help you understand your options and take action when you’re ready.
What Counts as Domestic Violence Under Illinois Law?
Under the Illinois Domestic Violence Act, abuse can include physical abuse, harassment, interference with your personal liberty, intimidation of a dependent, and willful deprivation (750 ILCS 60/103). Harassment can include creating a disturbance at your workplace, repeatedly following you, or repeatedly threatening to improperly remove or hide your child.
To constitute domestic violence, the abuser must be a family or household member. This can include spouses and former spouses, people who live or used to live together, and people who share a child. It also covers relatives by blood or marriage and people in a current or past dating relationship.
How Can You Protect Yourself From Domestic Violence in Illinois?
It can be difficult to know what to do to protect yourself from abuse because attempts to do so may prompt the abuser to become even more violent or controlling. Maybe you depend on your partner for money or housing. Or maybe you worry about your children and what will happen to them if you try to leave or take steps to protect yourself.
A plan to keep you and your kids safe is vital. This plan might include:
- Keeping copies of important documents, such as IDs, birth certificates, and bank account information, somewhere your partner can’t access
- Setting aside some cash or opening an account in your own name so you’re not totally dependent on them
- Saving threatening messages and voicemails, as well as photos of injuries, in a place your partner can’t access
- Setting up a code word with friends or family that you can tell them if you need them to call for help
- Deciding ahead of time where you would go if you had to leave quickly
Shelters and advocacy programs can help with housing, counseling, and planning.
How Can an Order of Protection Help Domestic Violence Victims in Illinois?
An order of protection is a court order that people sometimes call a restraining order. This is a court order that can require an abuser to stop the abuse and stay away from you, your home, your work, or your children’s school. Depending on what you ask for and what the judge decides, it may give you sole use of a shared home for a period of time. It can address temporary care of your children, include firearm restrictions when the law allows, and protect pets and shared property.
You don’t need to file for divorce or wait for criminal charges to ask for an order of protection. You can file a petition whenever you need in person or online. If you already have a divorce or parentage case with the abuser, you can file it under that same case number (750 ILCS 60/202).
If the abuser violates the order, call the police and keep a record of what happened.
What Types of Orders of Protection Are Available in Illinois?
Illinois offers three types of orders of protection.
Emergency Order of Protection
An emergency order can be issued without notifying the abuser first if the legal requirements are met (sometimes even within 24 hours). An emergency order generally lasts 14 to 21 days (750 ILCS 60/220).
Interim Order of Protection
An interim order can bridge the time between an emergency order and a full hearing where the abuser gets to present their case to the court. The abuser receives a notice of the hearing for this type of order. An interim order can last up to 30 days.
Plenary Order of Protection
A plenary order is only issued after the abuser has been served and has had a chance to respond in court. It generally lasts for a set period of up to two years, but can be extended if you still need protection.
What Should You Do if You’re in Immediate Danger of Domestic Violence?
An order of protection creates legal restrictions, but it can’t physically stop someone from hurting you or your children. If the order is violated, law enforcement and the court can take action. Some abusers become more dangerous when they learn their partner is trying to leave or has gone to the authorities.
If you’re in immediate danger, do not rely only on an order of protection to keep you safe. Call 911 or have someone you trust call. If you can leave safely, leave right away, and don’t tell your partner where you’re going. Stay with a trusted friend or family member, or go to a shelter, until you have a safety plan in place.
Call a Kane County, IL Family Law Attorney Today
Taking steps to protect yourself from abuse requires planning and courage, and you do not have to handle the legal process alone. A lawyer can explain your options and help you decide what steps to take, especially if you are also going through a divorce or another family law case. Our Geneva, IL family law lawyers can help you request an order of protection, gather evidence, and plan your next steps.
As a boutique law firm, we give every client a highly personalized experience. We’re willing to go to court when it’s necessary to protect you and your family.
Call The Law Offices of Douglas B. Warlick & Associates at 630-232-9700 for a confidential conversation about your situation.
