Legal Question in Family Law in Illinois

If he is on the lease, he has as much right to be there as you do. If you are fearful for your own safety, then you might be able to obtain an Order of Protection, but if he has done nothing, it should be hard to obtain such an order. If he is not on the lease you may be able to serve him with a thirty day notice to quit the premises and when he does not move out, file an eviction. You then have to go through that process.

I agree with the first part of Mr. Shimberg's answer, however, I disagree with the second part. If he is not on the lease and refuses to move, you should be able to get an OOP giving you exclusive possession of the home or condo. He doesn't have to beat you to be the subject of an order of protection or a no contact order. Also, giving him a 30 day notice to quit requires that you have a landlord/tenant relationship which you obviously do not. The police will not remove him because he is a resident at that address but a court will if you can show that you have a greater right to possession of the property than he does. On the other hand, you are probably better off, if you can, to just move out yourself. He can't force you to stay and it will take sometime for you to make him leave if he is determined to stay.