Not all divorces proceed seamlessly. In some regrettable instances, the heightened acrimony or fear of loss can lead one spouse to pursue an order of protection against the other. Similar to a restraining order in other states, in Illinois, an order of protection is a court order that prohibits a person committing abusive behavior from making contact with a party in various ways. It may ban all communication, require that person to stay beyond a certain distance, or order them to vacate the premises. Courts most typically issue these orders during divorces when tensions are high and the likelihood of domestic violence is higher. Before you pursue an order, here’swhat to know about orders of protection during divorceproceedings.In the popular imagination, a “restraining order” is a simple interdiction against stepping within, for instance, a 100-yard radius of the person who filed the order. Today, owing to the complexity of modern communication, a mere ban against proximity is often insufficient. An order of protection in Illinois can encompass multiple forms of contact, including texting, emailing, calling, writing notes, and even attempting to communicate through a third party.The authorities may not disclose an order of protection to its subject if the other party reasonably believes that doing so would spur violence, self-harm, or other unacceptable behavior. This emergency protection order is rare, however, and the court will usually require full notification.Judges will often consider an order of protection when determining child custody in divorce. Family courts put the child’s best interests at the forefront, so if the court has reason to believe that one spouse poses a danger to the child, the other parent, or himself or herself, this will self-evidently diminish the likelihood of a favorable outcome. In addition toknowing about orders of protection during divorce, you should consider the post-divorce ramifications as well—if one parent files for an order of protection against the other following a divorce, these terms will supersede the conditions of child custody, which can forbid contact with the victim’s child. If you believe you may need an order of protection during your separation,ourdomestic violence lawyersin theChicagoarea can assist you during your divorce process.
Jan 31, 2021
What To Know About Orders of Protection During Divorce
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