The Illinois Domestic Violence Act makes it possible to get an order of protection (commonly known as a restraining order) to prevent someone from threatening or harming you – and sometimes they’re absolutely necessary during divorce or other pending litigation. Conversely, sometimes they’re misused by a vindictive spouse to cause trouble for the other party during divorce.
You may also obtain an order of protection from a current or ex-boyfriend or ex-girlfriend with or without a pending court case filed.
In either case, you deserve to work with a compassionate, caring and knowledgeable lawyer who has ample experience working with restraining orders.
Restraining Orders: Who’s Eligible?
Restraining orders are available to people who are in a “domestic relationship,” which includes:
- Spouses or ex-spouses
- People who are or were dating or engaged
- Parents and children (blended families count)
- People who are related through a child
- Roommates (ex or current)
- People with disabilities and their caregivers
In order for the court to grant you a restraining order against your spouse, your attorney must show that you’re the victim of physical abuse, harassment, intimidation or exploitation. The court can also issue a restraining order against your spouse for interfering with your personal freedoms or stalking.
- The protective order can prohibit your spouse from abusing you, threatening you or harassing you. It may also:
- Order your spouse to attend anger management classes or drug and alcohol treatment programs
- Prohibit your spouse from coming to your house, your place of employment or other places you frequent
- Prohibit your spouse from calling you, emailing you, sending you letters, or sending you messages online or through other people
- If your spouse violates an order of protection, which is an official court order signed by a judge, police can make an arrest – and your spouse will be subject to criminal penalties.
Types of Restraining Orders
There are three main types of restraining orders in Illinois:
- Emergency order of protection. You can file for an emergency order of protection if you were abused as defined by the ILDVA.
- Interim order of protection. A judge may issue an interim order of protection to keep your abuser away from you after the emergency order of protection expires but before the plenary (more permanent) order of protection is put into effect.
- Plenary order of protection. A plenary order of protection can last for up to 2 years, but it requires the court to give your abuser an opportunity to appear in court to defend him- or herself.
What if Your Ex-Spouse Has an Order of Protection Against You?
Unfortunately, sometimes people use orders of protection improperly. In fact, it’s not uncommon for one person to file a restraining order against the other in an effort to win child custody or to try to use the court system to exact revenge.
If this has happened to you, it’s essential that you have a skilled attorney by your side to answer your questions, defend you in court and protect your rights.
Get Help From a Lawyer Now
I can help you with orders of protection and other issues related to divorce, including child support, spousal maintenance and property division.
Call me at 312-818-5279 for a consultation today.