Should I Get an Order of Protection During My Divorce?

 Posted on January 19, 2023 in Family Law

If you are going through the process of getting a divorce and your spouse is abusive, you may be wondering if you need an order of protection. An order of protection is a court order that can help keep you and your children safe from abuse or threats. Sadly, abusive relationships tend to escalate when the abuse victim tries to leave the relationship. An order of protection may require your spouse to vacate your home, leave you and your children alone, and cease contact with you.

What Is an Order of Protection?

An order of protection is a legal document issued by a judge that orders someone to stay away from another person or their family. The document includes specific instructions about what the other person must do (or not do) in order to comply with the court’s order. This could include staying away from the other person’s home or workplace, refraining from contacting them via phone or email, surrendering firearms, and more. Violating any of the protective order’s terms is a criminal offense. If the abuser violates the order of protection by contacting the victim, visiting a prohibited residence or workplace, or otherwise violating a provision in the order, he or she is subject to arrest.

When Is an Order of Protection Necessary?

An order of protection may be necessary if there have been instances of physical, emotional, or sexual abuse in your relationship with your spouse. Keep in mind that Illinois law defines abuse as more than just physical violence. Harassment, forcing someone to stay in a certain location, threatening someone with a weapon, and other forms of mistreatment also count as abuse. Orders of protection can provide peace of mind for those who feel threatened by their spouse and want to ensure their safety during the divorce proceedings.

If you are considering getting an order of protection during your divorce proceedings, then it is important to discuss this with your divorce lawyer so that they can guide you through the process of securing an order and ensure that any other protections are put in place.

Contact Our Naperville Divorce Lawyers

At J. Aldrich Law, P.C., we know how serious domestic violence issues can be during divorce. If you are worried about your safety or the safety of your children during divorce, you may want to get an order of protection. The order can be customized to meet your needs. It may require your spouse to move out of your shared residence, stay away from your workplace or your children’s school, refrain from calling you, and more.

Call our DuPage County divorce attorneys for a free, confidential consultation at 630-953-3000 today.

Source:

https://icasa.org/uploads/documents/Publications/A-guide-to-illinois-protective-orders.pdf