Restraining Orders

Although Illinois does not have a separate elder or dependent adult protection order like some states do, you can apply for an order of protection if you are an adult with disabilities who is being abused by a caregiver.

An adult with disabilities is defined as:

• an “elder adult with disabilities,” which means an adult who cannot act to protect himself/herself from abuse by a family or household member because of “advanced age;” or
• a “high-risk adult with disabilities,” which means a person 18 or over who has a physical or mental disability that makes it difficult for him/her to protect himself/herself from abuse, neglect, or exploitation.¹

A “caregiver” means a person who has a duty to provide for your health and personal care where you live, and includes people who are taking care of you because of a family relationship, by their own choice, through a contract, or by court order. A caregiver may be someone who has taken responsibility for some or all of your care, and may be responsible for your food, shelter, hygiene, medications, medical care, or more.²

For the purpose of qualifying for an order of protection, a “caregiver” includes:

• a family member who lives with you or regularly visits, and who knows or should know that you aren’t able to care for yourself;
• a person who is employed to live with you or regularly visit you and take care of your health and personal care;
• a person who is being paid back in some way, whether by money or other means, to live with you or regularly visit you and take care of your health and personal care; or
• a person who has been appointed by a private or public agency or by a court to take care of your health or personal care.³

The legal definition of “caregiver” does not include:

• a person who works at a licensed or certified nursing home or rehabilitation facility; or
• a healthcare provider who is giving regular medical care to an adult with disabilities.³

Someone can also apply for an order of protection on your behalf if you are an adult with disabilities, but only if you or your legal guardian want an order of protection on your behalf.⁴

The legal definition of abuse for the purposes of getting an order of protection for adults with disabilities includes:

• physical force or assault;
• sexual abuse;
• emotional abuse
• confining or restraining you;
• threats of physical force;
• reckless conduct that creates an immediate risk of physical harm;
• keeping you from your basic needs like medicine or food;
• exposing you to a risk of harm;
• financial exploitation;
• harassment;
• making you witness or participate in any physical force against or confinement of another person; or
• any other kind of abuse included in the legal definition of domestic violence in Illinois.⁵

¹ 750 ILCS 60/103(8), (4)
² 750 ILCS 60/103(6)
³ 750 ILCS 60/103(6); 720 ILCS 5/12-4.4a
⁴ 750 ILCS 60/201(b)(ii);103(2)
⁵ 750 ILCS 60/103(3); “Protection from Abuse or Neglect for Senior Citizens,” Illinois Legal Aid Online