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DuPage County family law attorney order of protection

Going through a divorce is never an easy task regardless of how you look at it or approach it. You may be second-guessing your decision and grieving the loss of your spouse, or you may find yourself in the middle of a legal battle. Even in an amicable divorce, the process can be emotionally devastating, and a contentious marriage can lead to months or even years spent arguing over legal decisions. The process becomes even more complex for spouses who are victims of an abusive relationship. The codependence that abusive relationships can create, along with the understanding that the marriage is unhealthy, can make the divorce even more confusing. The concerns can quickly escalate from “Am I doing the right thing?” to “Am I safe to file for divorce?”. For those in an abusive marriage, there are additional considerations that must be made in order to ensure that each spouse is safe and that the divorce agreement is fair to both spouses.

Identifying the Different Forms of Abuse

Many people who are in abusive relationships are unsure if what they are experiencing is truly considered abuse. While physical abuse can occur, there are other actions that are considered abusive behavior and that can keep people stuck in toxic relationships. The following are different forms of abuse and their warning signs:

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IL divorce lawyerUnfortunately, 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:

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Posted on in Family Law

Illinois divorce attorney, Illinois family lawyer, IL order of protection attorney,An order of protection, sometimes referred to as a restraining order, is a court order that restricts an individual accused of threatening or abusive behavior from continuing their behavior against the accuser. Abuse includes physical abuse, harassment, intimidation, or interference with personal property.

There are several ways an order of protection can be obtained. You can file an order of protection through an attorney, request one with your divorce petition, request a criminal order of protection if there have been criminal charges filed against the alleged abuser, or contact a local domestic violence program for help.

Illinois Order of Protection

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