Restraining Orders

If you and the abuser both have a right to live in the home, the judge will balance the hardship to the abuser (and any minor child or dependent adult in the abuser’s care) that would come from him/her being excluded against the hardship that would be caused to you (and any minor child or dependent adult in your care) if the abuser were not excluded. The judge will consider whether allowing the abuser to remain in the home may result in:

• your continued risk of abuse (if you stay in the home with the abuser); or
• great difficulty to you if you have to find a new place to stay.¹

The judge will favor possession by you, unless the abuser shows that the hardship to him/her is substantially more than your hardship (or any minor child or dependent adult in your care). Note: The judge will not balance the hardship if the abuser does not have a right to live in the residence.<sup>1

1</sup> 750 ILCS 60/214(b)(2)(B)