Restraining Orders

The judge must decide if the respondent poses a significant danger of causing personal injury to himself, herself, or another in the near future by having a firearm in his/her custody or control, or by purchasing, possessing, or receiving a firearm.¹ To make this decision, the judge will consider evidence such as the respondent’s:

• illegal and reckless use, display, or waving of a firearm;
• history of use of physical force including any attempted or threatened use of force;
• previous felony arrests;
• abuse of drugs (controlled substances) or alcohol;
• recent threat or act of violence directed toward himself/herself or another;
• violation of a temporary or final protection order; and
• pattern of violent acts or threats directed toward himself/herself or another.²

¹ 430 ILCS 67/40(a)
² 430 ILCS 67/40(e)