Orders of Protection in a Divorce

 Posted on October 01, 2018 in Orders Of Protection

There are many reasons why an individual may choose to seek a divorce, with one of the most serious being that they are a victim of domestic violence. However, seeking divorce does not mean that the domestic violence will immediately stop; sadly, just the opposite is often true – when a spouse files for divorce from a violent partner, the partner may respond aggressively. For individuals who find themselves in this position, filing for an order of protection as part of your divorce proceedings can help keep you safe.

What Is an Order of Protection?

An order of protection is a type of legal document that is issued by a civil court against a family member or person with whom a victim has an intimate relationship. These orders are available for those seeking protection from another member of their household, someone whom they are dating, a spouse, a child or stepchild, a person with whom they have a child in common, a person to whom they are related by blood or marriage, or even a person who is acting as an assistant or personal caregiver.

Three Types of Protection Orders in Illinois

In Illinois, there are three basic types of protective orders:

• Emergency order of protection. An emergency order of protection is an order that is issued without a hearing, and therefore only lasts temporarily. This type of order can require that the abusive party refrain from contacting you, refrain from possessing firearms, evacuate a shared home, stay away from your school or job, and more. This type of order will not address legal custody of a child or support payments.
• Interim order of protection. An interim order of protection is similar to a final (plenary) order of protection and goes into effect after the defendant has been served or attempts have been made to serve the defendant. The order can last up to 30 days.
• Plenary order of protection. A plenary order of protection is one that is issued after a hearing with both the petitioner and the defendant. In addition to all of the basic protections given in emergency and interim orders of protection, a plenary order can also grant you physical custody with your minor child, temporary legal decision-making custody, order the abuser to pay you support for yourself and the care of your child, and more.

Start the Process of Filing for a Divorce with a Protective Order

If you are a victim of domestic violence, filing for a divorce is something you should think seriously about. Before you start the divorce proceedings, though, you want to make sure that you’re protected. At the law offices of Fay, Farrow & Associates, P.C., our experienced family law attorneys can help you to seek an order of protection as part of your divorce.

To schedule a consultation with our Naperville family law lawyers today, please send us a message or call us directly. We serve clients in Naperville, Downers Grove, Wheaton, Lombard, Lisle, and Aurora.