How an Emergency Order of Protection Can Help You During Your Divorce

Posted on in Family Law

IL divorce lawyerDomestic violence is a hidden epidemic in Illinois and throughout the country. Millions of men and women suffer silently in abusive marriages because they are unaware of the resources they have at their disposal. In fact, the Illinois Coalition Against Domestic Violence served over 45,000 adults and nearly 9,000 children in the year 2019 alone. If you are ready to leave an abusive marriage, you should know that there are several steps you can take to protect yourself and your children.

Protecting Yourself and Documenting the Abuse or Harassment

In Illinois, what are often referred to as “restraining orders” are called orders of protection. An order of protection is a court order that prohibits an abusive person from further abuse or harassment. If the subject of the order, called the respondent, violates any of the terms of the protection order, he or she may be arrested and charged with a criminal offense. Furthermore, a protection order serves as a crucial record of the abuser’s actions that will be very important during any subsequent divorce or child custody cases.

Prohibiting your Spouse from Coming Near You

An emergency order of protection (EOP) is often issued on the same day on which it is requested. You do not have to wait to attend a hearing with your spouse in order to get an EOP. You must simply fill out the proper form and file it with the circuit clerk at your county courthouse. You will then attend a hearing and answer any questions the judge has about your request for protection. Your spouse does not have to know about the hearing.

The EOP may:

  • Prohibit your spouse from coming to your work or your children’s school
  • Force him or her to surrender firearms
  • Require your spouse to move out of your house
  • Prevent your spouse from contacting you or your children

An EOP lasts 10 days, however, you may be able to get a plenary order of protection if you require a longer protection period.

Contact a St. Charles Divorce Lawyer

Leaving an abusive spouse is a courageous act. If you want to divorce a spouse who has physically, mentally, or financially abused you, it is essential that you have a skilled legal advocate in your corner. Contact one of the experienced Kane County divorce attorneys at Shaw Family Law, P.C. to get the legal support you need. Call 630-584-5550 for a free, confidential consultation.

Sources:

https://www.ilcadv.org/stats-resources/

https://courts.illinois.gov/Forms/approved/protective_orders/Emergency_Order_of_Protection.pdf

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