Obtaining an Order of Protection Before Your Divorce

 Posted on October 27, 2019 in Divorce

An abusive marriage is a horrible situation to live in but difficult for some victims to leave. There is a fear of how your spouse will respond when they discover that you are leaving. You may also worry about your ability to financially support yourself – both immediately after leaving your spouse and permanently if you divorce. Rather than leaving at the spur of a moment, it is better to plan ahead if you are not in immediate danger. Illinois offers several resources for domestic abuse victims, including an order of protection.

What Is an Order of Protection?

Also known as a restraining order, an order of protection is a court-issued document that prohibits an alleged abuser from contacting or harassing the victim. The definition of abuse in Illinois includes physical violence and psychological harassment and intimidation. You must fill out a form requesting your order of protection against your abuser, including:

• Past incidents of abuse
• Whether you previously contacted the police
• Whether there were any witnesses to the abuse
• Why you need an order of protection against your abuser

If the court believes that your allegations are credible, it will issue an emergency order of protection, which will go into effect immediately and last for three weeks. In that time, you can file for a plenary order of protection that would last for two years. During the hearing for the plenary order, the alleged abuser will have a chance to respond to the accusations. A court can also issue an interim order of protection for 30 days if the emergency order is going to expire before it can rule on the plenary order.

What Can the Order Do?

An emergency order of protection can prohibit your abuser from entering your home or contacting you, directly or indirectly. These prohibitions can extend to your children if the court believes that your abuser is a threat to them. You must contact the police if your abuser violates the terms of the order, which may lead to their arrest. Besides lasting longer, a plenary order of protection can require your abuser to pay support to you if they are your spouse, which may help you until you are able to complete your divorce.

Contact a Naperville, Illinois, Family Law Attorney

Obtaining an order of protection against your spouse is often followed by divorce, and a record of domestic abuse will limit your spouse’s parental responsibilities. A DuPage County divorce lawyer at Calabrese Associates, P.C., can guide you through obtaining an order of protection and filing for divorce. To schedule a consultation, call 630-393-3111.

Source:

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