When Is an Order of Protection Necessary in an Illinois Divorce?

 Posted on December 06, 2019 in Divorce

Divorce can be an extremely stressful life event. In fact, it is widely known that divorce or separation is the second most painful transition for a person to experience, only behind the death of a loved one. Even if you and your spouse are on the same page about the split, it still involves quite a bit of emotional and legal stress, which can manifest in different ways. In many cases, however, divorce is not completely mutual, and one spouse can be very opposed to the divorce. In these situations, things can elevate to the point that a person feels that he or she or his or her children are in danger based on the other spouse’s actions. When this happens, it may be appropriate to file an order of protection to feel safe.

What Is an Order of Protection?

An order of protection is a legal document that can help you and your family if you are experiencing abuse or threats of violence from a family or household member. According to the Illinois Domestic Violence Act, a family or household member can include:

• People who are related by blood

• People who share a child in common

• People who currently or used to live together

• People who are currently or used to be in a romantic relationship

• People who are married or divorced

In Illinois, you can file a petition for a protective order with your local circuit court clerk’s office, or an attorney can file a request for an order on your behalf in court or as part of the ongoing divorce case. Depending on the type of order, it can last from a couple of weeks up to two years.

How Can an Order of Protection Help Me?

An order of protection can benefit you in a number of ways. Because each situation is unique, the remedies contained in each order of protection will be different. Before an order is entered, the judge will examine the situation and determine the best course of action and which directives to include.

A protective order may require an abuser to turn over his or her firearms to law enforcement, pay child support or spousal support, temporarily give up parental responsibilities, appear in court, and even attend counseling. An order can also prohibit an abuser from making any future threats directed toward you or your children, living in your home, or contacting or approaching you or your children.

Contact a Batavia Divorce Attorney

A divorce can make people do things that are entirely out of character. One spouse may make threats or engage in violent behavior as a form of revenge when facing the end of his or her marriage. If you feel that you or your children are unsafe, you need to contact a Kane County order of protection lawyer to determine your options for ensuring your family's safety. At the Law Office of Matthew M. Williams, P.C., we can help you determine if an order of protection is right for your situation, and we will stand by your side throughout the legal process. Call our office today at 630-409-8184 to schedule your consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100

https://thriveglobal.com/stories/10-most-stressful-life-events/