You and the other person both want protection. Both of you have a story. It seems straightforward enough to ask the court to issue an order of protection against each of you at the same time. In Illinois, that is not how it works, and finding that out mid-proceeding can leave people caught off guard at a moment when they can least afford surprises.

At Hirsch Law Group, we represent clients who are dealing with orders of protection, including situations where both parties believe they need protection from each other. Understanding what the law actually allows, and what it does not, is critical before you take any steps in court.

Mutual Orders of Protection Are Prohibited in Illinois

This is where most people get tripped up. Under 750 ILCS 60/215, mutual orders of protection are explicitly prohibited in Illinois. A judge cannot simply issue one order against both of you at the same time, even if both parties agree to it, even if both parties want it, and even if it seems like the fastest way to resolve things.

The reasoning behind the prohibition is deliberate. Illinois courts take the position that mutual orders send the wrong message. They suggest both parties are equally at fault, which makes it harder to identify the primary aggressor and harder to enforce meaningful protection for the person who actually needs it. They also tend to trivialize genuine abuse by treating both parties as equivalent threats to each other.

So if a mutual order is off the table, what are the options?

What Illinois Courts Can Issue Instead

Two legitimate alternatives come up in these situations, and they are not the same thing.

Correlative separate orders of protection 

They are the closest thing to what people mean when they ask for a “mutual” order. Under 750 ILCS 60/215, a court can issue separate orders against each party, but only if both parties have:

  • Filed their own written petition for an order of protection
  • Provided proper advance notice to the other party
  • Independently proven past abuse by the other party at a hearing
  • Met all the legal requirements for the specific remedies they are requesting

Critically, the court hears each petition on its own merits. A judge makes separate findings for each party. The fact that both end up with orders does not mean fault is shared equally, and Illinois law specifically states that correlative orders cannot be used as grounds to deny either party the protection they are entitled to.

Mutual stay-away orders 

Mutual stay away orders are not orders of protection at all. They are civil agreements where both sides commit to having no contact and keeping their distance. They carry no criminal enforcement weight, meaning a violation does not result in automatic arrest the way a protection order violation does. In situations where both parties simply want distance without the legal exposure that comes with a formal order, they can serve that purpose.

The right path depends entirely on the facts of the situation, the relationship between the parties, and what each person actually needs from the court.

Why This Matters If You Are the Respondent in Illinois

If someone has filed an order of protection against you in an Illinois court, you may be thinking about filing one back. That instinct is understandable, but there are a few things to know before you act.

First, filing a counter-petition does not pause or cancel the original proceeding. Both petitions get heard, and both are evaluated independently. 

Second, if the court suspects the counter-petition is being used as a tactical move rather than a genuine claim of abuse, it will scrutinize it closely. Illinois courts are specifically trained to look for situations where the counter-petition is an attempt to reframe the narrative rather than a legitimate claim.

Third, and most importantly, if you were the primary aggressor in the underlying incident, filing a counter-petition may not help your position and could actually work against you when the judge evaluates the full picture.

If you have been served with an order of protection and are considering your options, speaking with an Illinois order of protection attorney before filing anything is the right first step.

How an Order of Protection Affects Both Parties in Practice

Whether the court issues one order or two separate ones, the practical consequences touch both people involved. For the respondent, an active order of protection in Illinois can:

For someone who filed for protection and is now facing a counter-petition, the process of responding to that petition adds stress, time, and legal complexity to what was already a difficult situation.

Both parties benefit from having legal representation that understands how these proceedings work at the county level in Illinois, because the practical experience of going through an order of protection hearing varies depending on the jurisdiction.

Protecting Yourself the Right Way in Illinois

The key takeaway is this: you cannot agree your way into a mutual order of protection in Illinois, and the courts will not simply split the difference to keep the peace. Each petition stands or falls on its own evidence.

If you are dealing with an order of protection, whether you filed one, had one filed against you, or are weighing whether to file a counter-petition, the decisions you make early in the process matter. At Hirsch Law Group, we represent clients on both sides of these proceedings.

Call us at (815) 473-3672 or schedule a confidential consultation to talk through your situation with an attorney who knows how these cases move through Illinois courts.

Frequently Asked Questions

Can both people in a domestic dispute get an order of protection against each other in Illinois?

Not through a single mutual order. Illinois law prohibits mutual orders of protection outright under 750 ILCS 60/215. However, both parties can file separate petitions, and if each independently proves their case at a hearing, a court can issue what are called correlative separate orders. These are distinct from a mutual order and require each party to prove abuse by the other through their own petition and evidence.

What is the difference between a mutual order of protection and a mutual stay away order in Illinois?

A mutual order of protection is prohibited by Illinois law. A mutual stay away order is a civil agreement between both parties to have no contact and keep their distance. Stay away orders do not carry the same criminal enforcement consequences as a formal order of protection. Violating a stay away order is handled differently than violating an order of protection, which can result in immediate arrest.

If I have an order of protection against someone, can they file one against me?

Yes, they can file a counter-petition. However, filing a petition does not automatically result in an order being issued. The court will evaluate each petition independently and make findings based on the evidence. If a judge believes the counter-petition is being used as a litigation tactic rather than a genuine claim of abuse, that perception will factor into how the case is handled.

Will a correlative order of protection mean the court thinks we are equally at fault?

No. Illinois law is specific on this point. The fact that both parties end up with orders of protection does not mean the court found equal fault. Each order is based on its own findings, and neither order can be used as a basis to deny either party the protection they are entitled to under the Illinois Domestic Violence Act.

How does an order of protection affect custody and parenting time in Illinois?

An active order of protection can directly affect parenting arrangements. Courts must prioritize the child’s safety, and an order against a parent often results in restricted or supervised parenting time until the matter is resolved. If both parties have orders against each other, the court will still evaluate custody based on the best interests of the child, which requires a careful look at the full record of both proceedings. An attorney familiar with how domestic violence charges intersect with family law can help you understand what to expect.

What should I do if I want protection but the other person has already filed against me first?

Contact an attorney before filing anything. Your counter-petition, if you have legitimate grounds for one, needs to be filed and presented correctly to be taken seriously. Acting quickly and without legal guidance in this situation can hurt your credibility with the court. An attorney can assess your specific facts and advise on whether a counter-petition, a motion to contest the original order, or a different strategy makes the most sense for your case.