[IL] Can I file a retaliatory emergency order of protection against my abusive ex?
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Based on Illinois law, here are the legal points that might help your case:
- Emergency Orders of Protection (EOPs): These protect against abuse or threats. They often grant temporary custody (750 ILCS 60/217).
- Retaliatory EOPs: If you can show he filed in retaliation, and that you had initiated steps earlier, it helps your credibility.
- Primary Caregiver Status: Medical records, emails, and involvement in daily care show that you were the primary caregiver.
- Video Surveillance Concerns: Secretly recording someone — especially a child — without consent may violate privacy laws and show troubling behavior (720 ILCS 5/14-1 et seq.).
Let me know what else you’d like help with.
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I have a question in regards to an emergency order of protection and protected children placed on the petition.
I understand this must be a concerning situation for you. Are you currently involved in a legal matter related to the emergency order of protection and protected children?
Yes.
Have you already consulted with a lawyer regarding this issue?
I’ve applied for free legal help, but haven’t gotten ahold of them yet due to their “availability.” So I’m basically just sitting around with no answers, and I’m running out of time.
Is there anything else the lawyer should know before I connect you?
I was trying to leave a domestic violence home with my daughters’ father in June 2024. I was working with domestic violence services, the local police department, and their social worker. On Friday, April 25th, 2025, I was given EOP paperwork by the social worker. But my ex found out over the weekend — apparently, he had the house under video surveillance and saw the social worker at my home. So on Monday, he went to the courthouse and filed his own EOP against me, placing our one-year-old child on his petition. That resulted in me and my other two kids being forced out and staying in a hotel since.
Hey there! I’m Veronica, an attorney with many years of experience. Is the home a place you both rent together? Is your name on the lease or mortgage?
Yes, we’re both on the lease. I’m specifically labeled as “spouse of.”
Thanks for sharing. Which state are you in? Do you have any upcoming court dates regarding the EOP?
He filed the EOP after he recorded the social worker coming to my house. That weekend, he and the other roommate stayed at a hotel after I had to call the police — he threatened me after I confronted him for secretly video recording my 9-year-old without consent. He left during the police call and didn’t return until almost midnight. Then he and the roommate (Tim) started taking belongings out of the house. The next day, he told me he had found a new place and I could have the apartment. I have that on audio. I emailed the landlord about the situation, asking for rental assistance or a smaller unit. But the next day, he and Tim came back. I assumed it was to get more stuff, so I called for a police standby. When the officer arrived and asked if he was moving out, he became hostile and said it was his house and he wasn’t leaving. The officer told us she couldn’t remove anyone since both of us lived there. Then Monday, April 28th, 2025, he went to court and filed the EOP with our daughter listed. I was removed from the home with my two other kids. The judge put his mom in charge of arranging my parenting time, but I’ve been denied visits — she says she has to check with him or is “busy cleaning the house.” I was only able to see my daughter when a police officer went with me to pick up my wallet during a standby. They had gone through my room, closet, boxes, mail, everything. I only had a few minutes with my daughter. I live in Illinois. The court date for his EOP is May 12th. He filed it in retaliation after learning I was trying to get out safely with my kids.
Thanks for sharing all that. I’m so sorry you’re going through this. Since you’re in Illinois and have a court date, it’s important to prepare. Gather any evidence you have:
- Audio recordings
- Emails with your landlord or police
- Reports and messages from domestic violence services
All of this could support your case. Is there anything specific you want help with before the hearing?
I’ve already gathered a lot:
- My daughter’s medical records (to show I’m her primary caregiver)
- Emails with law enforcement
- Emails with the social worker dated before his EOP
- Emails from my storage unit from last year (where I started moving my and my kids’ stuff)
- Emails from domestic violence services
I contacted DCFS twice since February and made child welfare referrals. I’m just not sure what else would be considered credible or relevant. Also, I requested FOIA police reports for our address from April 20–28, 2025, but haven’t heard back yet.
Based on Illinois law, here are the legal points that might help your case:
- Emergency Orders of Protection (EOPs): These protect against abuse or threats. They often grant temporary custody (750 ILCS 60/217).
- Retaliatory EOPs: If you can show he filed in retaliation, and that you had initiated steps earlier, it helps your credibility.
- Primary Caregiver Status: Medical records, emails, and involvement in daily care show that you were the primary caregiver.
- Video Surveillance Concerns: Secretly recording someone — especially a child — without consent may violate privacy laws and show troubling behavior (720 ILCS 5/14-1 et seq.).
Let me know what else you’d like help with.
