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Circumstances sometimes change after an Order of Protection is entered. Some petitioners reconcile with the respondent, while others no longer want the restrictions the order imposes. Illinois law allows an order to be ended, but the process runs through the court and not through the parties.
Only a Judge Can End the Order
An Order of Protection is a court order. It stays in full effect until a judge modifies or terminates it, even when both parties agree it should end.
To end the order, the petitioner files a motion with the clerk of the court that issued it. The clerk sets a court date. The petitioner must also send the respondent a copy of the motion before the hearing.
The same basic process applies to emergency or plenary orders.
What the Judge Considers
A judge reviewing a motion to terminate considers more than the petitioner’s request.
- The judge looks at whether the petitioner is acting voluntarily.
- The court reviews whether the respondent has followed every term of the order.
- New incidents of abuse weigh against ending protection.
- The safety of children and other protected household members remains part of the analysis.
Contact Still Carries Risk
An Order of Protection restricts the respondent’s conduct. It doesn’t restrict the petitioner.
A respondent who has contact with the petitioner while the order is active can face criminal charges, even if the petitioner started the conversation. Ongoing contact can also affect a later request to extend the order.
Parties who need limited communication have another option. A judge can adjust the no contact provisions to permit specific contact, such as text messages about the children’s schedules.
Modification as an Alternative
Ending the order isn’t the only path. A motion to modify allows the court to change certain remedies while leaving the rest in place. A Chicago order of protection lawyer can prepare a motion that addresses only the terms that need to change.
This matters when the order covers parenting time. Removing those terms without a replacement can leave a gap, and questions about custody after domestic violence often carry into a later divorce or parentage case.
Permanent changes to parenting time are usually handled in the family case, where a Chicago custody modification lawyer can request a new allocation of parental responsibilities.
Orders that grant one party exclusive possession of a residence raise similar issues. Ending the order can change each spouse’s rights to the home while a divorce is still pending.
The Criminal Case Is Separate
A civil Order of Protection and a criminal domestic violence case are two different proceedings. Dropping the civil order does not dismiss criminal charges. The State’s Attorney decides whether a prosecution moves forward. A criminal court may also enter its own order.
In Chicago, many of these matters are heard at the Cook County Domestic Violence Courthouse, which handles civil orders of protection along with related criminal cases.
A Chicago, IL domestic violence attorney can confirm whether both a civil and a criminal order exist before any motion is filed.
Speaking With Counsel Before Filing
The attorneys at Merel Family Law represent both petitioners and respondents in Order of Protection proceedings. For guidance on ending or changing an order, a Chicago, IL domestic violence attorney on our team can explain how the request may affect custody, housing, and any pending criminal matter. Contact our office to schedule a consultation.
