Securing an Order of Protection During Your Divorce

 Posted on November 22, 2019 in Family Law

Today divorce is incredibly common throughout the United States. While the vast majority of divorces can be finalized fairly seamlessly, some divorces can be highly contested. Unfortunately, some divorces even become violent. If you believe that your spouse may cause physical harm to you or your children, it is time to act. Domestic abuse has become a monumental issue nationwide, and in order to ensure that you and your family are properly protected, you need to pursue legal action. Below we will discuss how you can secure an order of protection, during your divorce.

Types of Orders of Protection

If you believe your family is in immediate danger, your attorney can assist you in securing an Emergency Order of Protection. While an Emergency Order of Protection will only last a maximum of 21 days, the order can be filed and enforced without a hearing. The respondent (abusive party) does not have to have prior knowledge of the order, the order will go into action as soon as it is approved by a judge. At the time of approval, the court will schedule a hearing date for a Plenary Order.

A Plenary Order differs from an Emergency Order simply because it will be enforced for a longer period. While an Emergency Order only lasts a couple of weeks a Plenary Order can last up to two years. In order to approve a Plenary Order, the judge must hear from both the petitioner and the respondent. While the respondent must be notified of the order, they are not mandated to be in court. The petitioner must be in court in order for the judge to approve the order.

If the respondent has been served but is unresponsive, a judge can grant an Interim Order that will continue to protect the petitioner for 30 days. These orders are commonly used prior to the ultimate approval of a Plenary Order. The legal process of obtaining these orders can come with emotional and logistical challenges, if you are concerned for the safety of your family it is time to reach out to a legal professional you can trust.

Contact a Naperville Orders of Protection Attorney

At J. Aldrich Law, P.C., we understand how emotionally challenging the divorce process can be. When a spouse becomes abusive those emotions can quickly turn into fear. Our number one priority in any family law case is the health and well-being of our clients and their families, recognizing this we will do everything in our power to secure the protection you need. To schedule a complimentary initial consultation with a compassionate Will County family law attorney, call us today at 630-953-3000.

Source:

http://www.illinoisattorneygeneral.gov/women/ordersofprotection.html