Restraining Orders

When you and the abuser attend the same public, private, or non-public elementary, middle, or high school, the judge has to consider:

• how severe the abuse was;
• any continuing physical danger or emotional distress to you;
• the educational rights guaranteed to both you and the abuser by law;
• the availability of the abuser getting a transfer to another school;
• a change of placement/ program of the abuser;
• the expense, difficulty, and educational disruption that would be caused by a transfer of the abuser to another school; and
• any other relevant facts of the case.¹

After considering the above factors, the judge can order that the abuser:

• not attend the public, private, or non-public elementary, middle, or high school attended by the you;
• accept a change of placement/program, as determined by the school district or private or non-public school; or
• place restrictions on the abuser’s movements within the school you attend.¹ Note: The parents, guardian, or legal custodian of the abuser are responsible for transportation and other costs associated with the transfer or change.¹

The abuser has the burden to prove that a transfer or change of placement/ program is not available to him/her or to prove the expense, difficulty, and educational disruption that would be caused by a transfer to another school. S/he cannot claim a transfer or change of placement/change of program is unavailable based on:

• the fact that s/he does not like the one offered by the school district or private or non-public school; or
• the fact that s/he did not qualify for a transfer due to his/her failure to take whatever actions were required to complete the transfer or change of placement/program.¹

¹ 750 ILCS 60/214(b)(3)(B)