Orders of Protection During an Illinois Divorce

 Posted on June 18, 2024 in Adoption

 Divorce can be a stressful time, especially when there is domestic abuse involved. In Illinois, people who are facing abuse can seek help through legal measures like obtaining an order of protection. These orders are crucial for ensuring safety and peace during such challenging times. But what exactly qualifies as domestic abuse, and who can request these orders? A trusted attorney can answer these questions and more.

Understanding Different Forms of Domestic Abuse

Domestic abuse is not just about physical violence. It can include stalking, intimidation, and harassment. For example, stalking can involve someone following you around, showing up unannounced at your workplace or home, or constantly watching you, making you feel afraid. Intimidation could mean someone is threatening you or using fear to control your actions. Harassment can be anything like continuous unwanted phone calls or showing up uninvited. These kinds of actions can create a very unsafe and stressful environment for anyone, making it crucial to recognize and address them right away.

Who Can Request an Order of Protection?

In Illinois, orders of protection are designed to help people in specific close relationships. Here is who can seek protection:

• Spouses or former spouses – If your spouse is abusive, you can ask the Court for protection, whether you are still married or are getting divorced.

• Current or former domestic partners – Even if you are not married, if you were or are in a romantic relationship with the abuser, you can request an order of protection.

• Parents and children – If a parent is abusive to a child or vice versa, an order of protection can help ensure the family's safety.

• Co-parents – Even if you do not live together or have a romantic relationship anymore, as long as you share a child with the person, you can seek protection.

• Siblings – Orders of protection are not limited to romantic relationships; they can also be between brothers and sisters.

How to Obtain an Order of Protection

Getting an order of protection involves a few steps, but it is a critical process for ensuring your safety. Here is how you can go about it:

• Filing a petition – Go to the Courthouse and file a petition for an order of protection. Your lawyer can assist you in this process.

• Emergency order – Once the Court reviews your petition, it may issue an emergency order of protection if the Court believes you are in immediate danger. This order usually lasts about 21 days.

• Full Court hearing – During these 21 days, a full Court hearing will be scheduled to decide whether a longer-term order of protection is necessary.

Contact a Northwest Cook County, IL Divorce Attorney

Domestic abuse can take many forms and affect those in close relationships significantly. To ensure your family's protection during and after divorce proceedings, contact the trusted Barrington, IL order of protection lawyer with The Law Office of Nicholas W. Richardson, P.C. Call 847.873.6741 for a complimentary consultation.