Protection Orders during a Divorce in Illinois
Particularly in cases of abuse, one party may seek an Order of Protection from the other spouse. An Order of Protection is a legal order designed to prevent one person from abusing, harassing, or interfering with the personal liberty of another person.
There are several types of protection orders, including emergency orders that go into effect right away without informing the other spouse in cases where doing so would put one spouse in danger.
Practically speaking, the different protection orders have the same goal: keeping you and your children safe while navigating the legal divorce process.
Abuse is not solely physical but also includes harassment or intimidation at home or in the workplace, repeated calling, stalking or following someone, and or threatening physical violence repeatedly.
With this being said, all abuse in any form must be proved, so it’s best to keep a record of it in some way if possible.
Protection orders are also distributed to members of law enforcement and put into their system, meaning if your spouse were to be arrested or if you called the police because of a potential breach of conduct, the police would have the order on file.
This means potential jail time and felony charges for those choosing to go against a protection order without an arrest warrant.
Orders of Protection are granted for both women and men. This type of order is governed by the Illinois Domestic Violence Act, protecting “family or household members” against violence.
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