Obtaining an Order of
Protection
Danielle Parisi Ruffatto
Domestic Violence Legal Clinic
Danielle Parisi Ruffatto
Pro Bono Director
Domestic Violence Legal Clinic
555 W. Harrison, Suite 1900
Chicago, IL 60607
312-325-9155
druffatto@dvlcchicago.org
Volunteer Shift Overview
An outline of a volunteer shift is on
pages 4-5
 Shift times: 9 a.m. – 1 p.m. and 11
a.m. – 3 p.m.
 Orientation at 555 W. Harrison

Filing for an Order of
Protection
Petition for Order of Protection
 Affidavit
 Summons
 Sheriff’s Information Sheet
 Domestic Relations Cover Sheet
 Emergency Order of Protection (draft)

Affidavit
Attached to the Petition and explains
client’s relationship with Respondent,
incidents of abuse, need for OP, and
emergency nature of case
 Client must have personal knowledge
of facts, except “on information or
belief”

Affidavit

First paragraph identifies nature of
relationship, whether parties have any
children in common, if they ever lived
together, and when they separated
Affidavit

Incidents of abuse
• List time, date, location, who was present
• Include specific facts, not just conclusions
• Stating that the Respondent “harassed me” or
“threatened me” is a conclusion. You MUST
include details, such as the number of phone calls
received, content of statements made, etc.
• Presented in reverse chronological order (sets out
emergency nature of case)
• Samples include incidents of physical abuse,
telephone harassment, and both include a
summary of the abuse
Affidavit

Paragraph 2
• IDVA allows court to prohibit specific acts
of abuse (Paragraph 1 of the OP), “if such
abuse, neglect, or stalking has occurred
or otherwise appears likely to occur if not
prohibited”
• In Smith v. Smith, all listed types of abuse
have actually occurred
• Can state, “I am fearful that based on this
behavior, he will stalk me.”
Affidavit

Paragraph 3
• IDVA states and Emergency Order of
Protection shall issue if Petitioner
establishes that the harm she seeks to
prevent would be likely to occur if
Respondent were given any/more notice

Necessary to establish need for
Emergency Order of Protection
Petition
Court form that alleges Petitioner’s need for
an Order of Protection (OP) and for the
specific remedies requested
 Signed by the Petitioner and the attorney
 Structure


Basic information about parties
• Establishes statutory relationship, venue, and
jurisdiction over parties and minor children
Allegations made as to specific remedies
 Remedies requested

Petition
BASIC INFORMATION ABOUT PARTIES
 Petitioner and Respondent’s names and addresses
 Confidential address
 OBO = On behalf of
 Select the appropriate relationship box(es)
 Check box on pending cases
 “minor children”
 Jurisdictional questions
 No “father and child relationship”
 Primary caretaker
 Check all appropriate venue boxes
Petition
ALLEGATIONS
 Protected persons







Petitioner
Can include other household members
Allegations are contained in affidavit
Exclusive possession of a residence
“Stay away” provision
Prohibiting presence at other locations
Counseling
Petition

Issues related to “minor children”




Personal property that Petitioner owns or
the parties own property jointly



Visitation
Physical Care and Control
Temporary Legal Custody
Request exclusive possession if Respondent
has and Petitioner needs back
Request protection for property that
Petitioner has that may be damaged or
taken
Pets
Petition








Child support
Expenses
Alcohol or drugs (ONLY)
Firearms
 May involve additional considerations
School and other records
Other injunctive relief
 “stay away” means no contact by any means
 An alternative is “no unlawful contact”
Disclosure box if address is confidential
Additional allegations
Petition
REMEDIES REQUESTED
Largely follows the allegations section,
except:
 Access to the residence


Petitioner or Respondent
Visitation

See attached Visitation Checklist and
Supervised Visitation handouts
Other paperwork required for
filing

Domestic Relations Cover Sheet
• Remember to include DOB and fill out bottom

Summons
• Address where the Respondent can be served
(home, work)

Sheriff’s Information Sheet
• Information on the Respondent
• List your contact information

Emergency Order of Protection
• Structure of Order matches that of “Remedies”
portion of Petition
• “minor children” are not necessarily protected
persons/parties
Court Procedure

Conduct




Respond when case is called (especially at
return court dates)
Introduce yourself and identify as an
attorney (from X firm, on behalf of client Y)
You may ask to pass the case if anything
unusual happens
Court reporter


Spell names
Client must answer verbally
Emergency Order of Protection
Hearing




Introduce self and client
Make sure your client is sworn in
Ask introductory questions (or Judge may
ask)
Ask about incidents of abuse



Most judges will allow leading questions (ex
parte)
Do not have to go through every incident
Include if incident is relevant to specific
remedy requested (ie, visitation being
“reserved”)
Emergency Order of
Protection
Ask about fear of future abuse and
notice
 Ask questions regarding remedies (ie,
balancing hardships)

Petition Only
At the end of the EOP hearing, the Judge may:
 Grant an EOP,
 Deny and EOP but continue the matter for hearing on
the POP, OR
 Deny the EOP and dismiss the case
If the Judge does not enter the EOP and continues the
case for hearing, would your client rather:
 Proceed with the case, OR
 Withdraw the Petition so that the Respondent does not
receive notice
Service of Process

The Respondent will be served by the
Sheriff
Automatic, unless outside of Cook
County
 Contact Sheriff (call or check website)
to confirm service
 Proof of Service will be sent to the
Clerk’s Office for inclusion in the court
file

Return Court Dates
When you return to court, any of the following
may occur:
 Proceed to hearing on the Plenary Order of
Protection,
 Proceed to default prove up and request
that a Plenary Order of Protection be
entered by default,
 Enter a Plenary Order of Protection by
agreement,
 Continue the case and extend the EOP, OR
 Terminate the EOP and dismiss the case
Continuances




Although the case is set for hearing on the
next (return) court date, it may be continued
to allow for service, to set a hearing, or for
the Respondent to obtain counsel
If the matter is continued, the Emergency
Order of Protection should be extended and
the case continued in a Disposition Order
Appear in court, identify self, and ask for an
extension
See training materials if there are issues
with service of process
Terminating an Emergency
Order of Protection
Clients may not return to court for a
variety of reasons
 Appear in court to ask that the Order
be terminated and the case be
dismissed
 Your client does NOT need to attend
this court date
 Terminating vs. vacating an Order

Disposition Orders


Temporarily extend Emergency Orders and
continue case or terminate Orders and
dismiss case
Get a copy from the Clerk when you arrive
at court and fill it out


Put your contact information in the bottom
left-hand corner
Remember to check boxes 1 AND 2 for
continuances
• 1 Extends EOP
• 2 Sets future court date
Agreed Plenary Order
If the Respondent does appear (with or
without counsel) and you can come
to an agreement.
 Draft Order and have both parties
review and sign.
 Step up and explain OP terms on the
record.
Default Order of Protection
If the Respondent is not present and
has been served, you can ask that he
be held in default and a Plenary Order
be entered.
 Ask the Default Questions on page 59


Most judges will NOT require
testimony about the abuse
Plenary Order of Protection
Hearing

Client Preparation


Be sure to have client review affidavit
Explain what will happen in court
• Prepare the client to pause if there is an objection, to
take their time, answer only the questions asked,
always be truthful
• Stress the importance of controlling emotions in Court



Ask client what she thinks the Respondent will say
Practice some direct exam questions – for you and
the client
Discuss any possible witnesses or evidence and
review the rules
Plenary Order of Protection
Hearing

Witnesses

Speak with personally
• Make sure you know what they can and
will testify to

Make an oral motion to exclude prior
to start of hearing
Hearing

Direct Exam




Non-leading questions
Important to go through all incidents of
abuse
Remember remedies (balancing tests)
Cross Exam


Use this opportunity to point out
inconsistencies
Be aware of the incidents the Respondent
did not dispute
Closing Argument


Opportunity to argue your clients need for
an OP, and for the specific remedies
requested
Point our errors in the Respondent’s case


If admitted any abuse IDVA states OP shall
issue
If did not talk about specific incidents of
alleged abuse at all – no denial of the abuse
Plenary Orders of Protection

Set-up is similar to EOP, except that:
Plenary Orders must have expiration
information on first AND last pages
 Additional relief can be granted in
POP, including visitation

Visitation Provisions
Safety considerations
 Make terms clear
 Allow some contact in emergencies
(only via email/text, through a third
party)
 Do not contradict other provisions