PROCEDURE TO OBTAIN AN EMERGENCY ORDER OF PROTECTION
The following is a link may be used to begin the process of obtaining an Order of Protection:
If you need an Emergency Order of Protection you must go to the Will County Courthouse Order of Protection Office. It is located on the First Floor in Room 115. There is no charge for obtaining an Order of Protection.
The Order of Protection office is open from 8:30 A.M. to 3:30 P.M., Monday through Friday.
The telephone number is (815) 740-8064.
Court personnel are available to answer your questions and assist you in preparing the forms needed to request an Emergency Order of Protection. After the forms are completed and filed, the person helping you will escort you to the courtroom where you will appear before the judge. The judge then will review your file and may grant you an Emergency Order of Protection, the judge will then assign a return date and time for an extension hearing. This court date is for a Plenary Order of Protection, which is a more permanent Order for up to two years.
The hearing will be set for 14 to 21 days after the issuance of the Emergency Order of Protection. If the judge does not grant you an Emergency Order of Protection, he may set your case for hearing on whether an Order of Protection should be issued, the date of this hearing will be written on the front page of the Order.
The time will be 9:00 A.M. in Courtroom 313. (A copy of the Order of Protection/Order Setting a Hearing will be provided with the return date information, “do not leave without a copy of this Order”). The judge may also deny your request for an Order of Protection. The procedure takes approximately 1 to 2 hours depending on how busy the office is, and you are taken on a first-come/first-serve basis.If the person who the order is against (Respondent) resides in Will County, the Sheriff of Will County will serve this person with the Order of Protection.
Through this service, the Respondent is made aware of the remedies under the Order and also of the time and date of the Extension Hearing. If the Respondent resides outside of Will County, the Clerk’s office will prepare some documents for you to take to the office of the Sheriff in the County where the Respondent resides. The Sheriff in that county must serve the Respondent. When you drop off the documents for service, have the Sheriff mail you a document that is called “Service of Summons” or, make arrangements to pick it up. This document is your proof that the Respondent was served with the Order of Protection, and is very important because you have to show the court that the Respondent was served.
When you return to court on the date and time indicated go directly to Courtroom 313 on the third floor of the Courthouse, check in with the Clerk in that courtroom and wait for the Judge to call your name. You may bring an attorney to represent you at this hearing but one is not required. The Respondent may appear with or without an attorney. At this time both you and the Respondent will both have the opportunity to tell the Judge what happened.
After the Judge hears the testimony of both parties, he may grant you a Plenary Order of Protection for a period of up to 2 years under the same terms, he may change the Order of Protection or he may dismiss it completely. At this time you may ask that the Order of Protection be terminated. If you are going to request that the Order be extended, you should come prepared with proof of the abuse, and bring witnesses if you have them. If you do not appear, the Order will be dismissed.