ILCS » Chapter 750 · Act 60
Illinois Compiled Statutes

750 ILCS 60/210 (2026)

Process

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(750 ILCS 60/210) (from Ch. 40, par. 2312-10)
    Sec. 210. Process.
    (a) Summons. Any action for an order of protection, whether commenced alone or in conjunction with another proceeding, is a distinct cause of action and requires that a separate summons be issued and served, except that in pending cases the following methods may be used:
        (1) By delivery of the summons to respondent
    
personally in open court in pending civil or criminal cases.
        (2) By notice in accordance with Section 210.1 in
    
civil cases in which the defendant has filed a general appearance.
    The summons shall be in the form prescribed by Supreme Court Rule 101(d), except that it shall require respondent to answer or appear within 7 days. Attachments to the summons or notice shall include the petition for order of protection and supporting affidavits, if any, and any emergency order of protection that has been issued. The enforcement of an order of protection under Section 223 shall not be affected by the lack of service, delivery, or notice, provided the requirements of subsection (d) of that Section are otherwise met.
    (b) Blank.
    (c) Expedited service. The summons shall be served by the sheriff or other law enforcement officer at the earliest time and shall take precedence over other summonses except those of a similar emergency nature. Special process servers may be appointed at any time, and their designation shall not affect the responsibilities and authority of the sheriff or other official process servers. In counties with a population over 3,000,000, a special process server may not be appointed if the order of protection grants the surrender of a child, the surrender of a firearm or firearm owners identification card, or the exclusive possession of a shared residence.
    (d) Remedies requiring actual notice. The counseling, payment of support, payment of shelter services, and payment of losses remedies provided by paragraphs 4, 12, 13, and 16 of subsection (b) of Section 214 may be granted only if respondent has been personally served with process, has answered or has made a general appearance.
    (e) Remedies upon constructive notice. Service of process on a member of respondent's household or by publication shall be adequate for the remedies provided by paragraphs 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section 214, but only if: (i) petitioner has made all reasonable efforts to accomplish actual service of process personally upon respondent, but respondent cannot be found to effect such service and (ii) petitioner files an affidavit or presents sworn testimony as to those efforts.
    (f) Default. A plenary order of protection may be entered by default as follows:
        (1) For any of the remedies sought in the petition,
    
if respondent has been served or given notice in accordance with subsection (a) and if respondent then fails to appear as directed or fails to appear on any subsequent appearance or hearing date agreed to by the parties or set by the court; or
        (2) For any of the remedies provided in accordance
    
with subsection (e), if respondent fails to answer or appear in accordance with the date set in the publication notice or the return date indicated on the service of a household member.
    (g) Emergency orders. If an order is granted under subsection (c) of Section 217, the court shall immediately file a certified copy of the order with the sheriff or other law enforcement official charged with maintaining Department of State Police records.
(Source: P.A. 101-508, eff. 1-1-20.)

    
Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 2000–2024 · leading case: Petalino v. Williams, 2016 IL App (1st) 151861, 61 N.E.3d 1014.
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Petalino v. Williams, 2016 IL App (1st) 151861, 61 N.E.3d 1014. · cites it 3× “) 750 ILCS 60/210(a) (West 2014). When section 210(a) is read in conjunction with section 210.”
Petalino v. Williams, 2016 IL App (1st) 151861. · cites it 3× “) 750 ILCS 60/210(a) (West 2014). When section 210(a) is read in conjunction with section 210.”
In re Marriage of Gilbert, 822 N.E.2d 116 (Ill. App. Ct. 1st Dist. 2004). · cites it 2× “" 750 ILCS 60/210(a) (West 2002). Similarly, section 210.”
People v. Wouk, 739 N.E.2d 64 (Ill. App. Ct. 1st Dist. 2000). “The Act provides for expedited service of process (750 ILCS 60/ 210(c) (West 1998)), and “[a] petition for an order of protection shall be treated as an expedited proceeding” (750 ILCS 60/212(a) (West 1998)).”
Martinez v. Leon, 2024 IL App (1st) 231058, 253 N.E.3d 1055. “See 750 ILCS 60/210(f)(1) (West 2022). It also shows that, on that same date, the court set a hearing on whether to enter a plenary order of protection for April 4, 2023.”
Sutherlin v. Sutherlin, 363 Ill. App. 3d 691 (Ill. App. Ct. 5th Dist. 2005). “” 750 ILCS 60/210(a) (West 2004). Because the action in the instant case was not a covert attempt to interfere with child custody or visitation, because the finding of abuse was fully supported by the record, and because the Domestic Violence Act specifically provides that the…”
In re The Marriage of Clutts, 2022 IL App (1st) 201120-U. “” 750 ILCS 60/210 (West 2020); see also Ill.”
In re Marriage of Basil, 2021 IL App (1st) 200258-U. “¶3 In this appeal, respondent argues that: (1) the summons issued and served on him with the petition for dissolution of marriage was improper as it was the same summons used to serve him with an order of protection under section 210(a) of the Illinois Domestic Violence Act of…”
Sutherlin v. Sutherlin, No. 5-04-0724 Rel (Ill. App. Ct. 5th Dist. Jan. 31, 2006). “" 750 ILCS 60/210(a) (West 2004). Because the action in the instant case was not a covert attempt to interfere with child custody or visitation, because the finding of abuse was fully supported by the record, and because the Domestic Violence Act specifically provides that the…”
In re Marriage of Gilbert, No. 1-03-0497 Rel (Ill. App. Ct. 1st Dist. Dec. 30, 2004). “" 750 ILCS 60/210(a) (West 2002). Similarly, section 210.”
Sutherlin v. Sutherlin, 843 N.E.2d 398 (Ill. App. Ct. 5th Dist. 2006). “" 750 ILCS 60/210(a) (West 2004). Because the action in the instant case was not a covert attempt to interfere with child custody or visitation, because the finding of abuse was fully supported by the record, and because the Domestic Violence Act specifically provides that the…”
People v. Wouk, No. 1-99-2561 Rel (Ill. App. Ct. 1st Dist. Oct. 25, 2000). “The Act provides for expedited service of process (750 ILCS 60/210(c) (West 1998)), and "[a] petition for an order of protection shall be treated as an expedited proceeding" (750 ILCS 60/212(a) (West 1998)).”
750 ILCS 60/210(a): 8 cases
Petalino v. Williams, 2016 IL App (1st) 151861, 61 N.E.3d 1014. “) 750 ILCS 60/210(a) (West 2014). When section 210(a) is read in conjunction with section 210.”
Petalino v. Williams, 2016 IL App (1st) 151861. “) 750 ILCS 60/210(a) (West 2014). When section 210(a) is read in conjunction with section 210.”
In re Marriage of Gilbert, 822 N.E.2d 116 (Ill. App. Ct. 1st Dist. 2004). “" 750 ILCS 60/210(a) (West 2002). Similarly, section 210.”
Sutherlin v. Sutherlin, 363 Ill. App. 3d 691 (Ill. App. Ct. 5th Dist. 2005). “” 750 ILCS 60/210(a) (West 2004). Because the action in the instant case was not a covert attempt to interfere with child custody or visitation, because the finding of abuse was fully supported by the record, and because the Domestic Violence Act specifically provides that the…”
In re Marriage of Basil, 2021 IL App (1st) 200258-U. “¶3 In this appeal, respondent argues that: (1) the summons issued and served on him with the petition for dissolution of marriage was improper as it was the same summons used to serve him with an order of protection under section 210(a) of the Illinois Domestic Violence Act of…”
750 ILCS 60/210(c): 2 cases
People v. Wouk, 739 N.E.2d 64 (Ill. App. Ct. 1st Dist. 2000). “The Act provides for expedited service of process (750 ILCS 60/ 210(c) (West 1998)), and “[a] petition for an order of protection shall be treated as an expedited proceeding” (750 ILCS 60/212(a) (West 1998)).”
People v. Wouk, No. 1-99-2561 Rel (Ill. App. Ct. 1st Dist. Oct. 25, 2000). “The Act provides for expedited service of process (750 ILCS 60/210(c) (West 1998)), and "[a] petition for an order of protection shall be treated as an expedited proceeding" (750 ILCS 60/212(a) (West 1998)).”
750 ILCS 60/210(f)(1): 1 case
Martinez v. Leon, 2024 IL App (1st) 231058, 253 N.E.3d 1055. “See 750 ILCS 60/210(f)(1) (West 2022). It also shows that, on that same date, the court set a hearing on whether to enter a plenary order of protection for April 4, 2023.”
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