How Can an Order of Protection Help My Family During My Illinois Divorce?

 Posted on May 08, 2020 in Family Law

Unfortunately, domestic violence is something that is present in millions of families throughout the country. Domestic violence occurs when a person commits an act of abuse or violence toward a family or household member. Sometimes, it can be a stressful event that triggers the beginning of the violence, such as a separation or divorce. Other times, violent tendencies that were already present are just exacerbated by the divorce. Whatever the situation, there are remedies available to you to help you protect yourself and your children. The most common form of help for these situations includes the issuing of an order of protection.

What Is an Order of Protection?

An order of protection is a legally-binding court order that can help protect you if your spouse is being violent or abusive. An order of protection can contain provisions that your spouse must adhere to or face further penalties, with the most common requirement being to stay away from the petitioner. An order of protection can be brought against a person by any of that person’s family or household members, including spouses, former spouses, parents, children, roommates, people who are dating and adults with disabilities, and their caregivers.

What Can an Order of Protection Do?

Contained in an order of protection are what are called remedies. These are things that the respondent is either prohibited from doing or things that the respondent is required to do. There are many different remedies that can be included in an order of protection, though the most common remedies include:

• A prohibition of further abuse or violence
• Allowing just you to stay in the family home and requiring your spouse to leave
• Prohibiting your spouse to come anywhere near you or your children
• Temporarily allocating all parenting time and parental responsibilities to you
• Ordering your spouse to pay child support and/or spousal maintenance

An Elmhurst, IL Domestic Violence Attorney Can Help You Ask for Protection

If you are having issues with your spouse and you fear for your own safety or the safety of your children, you should speak with a DuPage County domestic violence lawyer right away. At Weiss-Kunz & Oliver, LLC, we can help you file a petition to have an order of protection entered against your spouse. Whether you are seeking a legal separation, divorce or you are having custody issues with your children, an attorney can help you get the protection you need. To set up a time to speak with a lawyer and discuss your case in detail, call our office at 312-605-4041.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59