If My Spouse is Abusive, Can I File an Order of Protection During Our Divorce?

 Posted on August 13,2020 in Family Law

As an outside observer, abusive relationships can be difficult to understand. For someone who has never been a victim of domestic violence, you may be wondering why the abused spouse does not leave the relationship and seek out a happier and healthier future. The people in these relationships will likely tell you that once you are in an abusive relationship, the answers that you thought were so simple no longer seem that way.

Did you know that 1 in 3 women and 1 in 4 men in the U.S. have experienced some form of physical violence by an intimate partner? In Illinois, there were 45,319 adult survivors of domestic violence in 2019 alone. Eventually, some married couples in these abusive relationships will decide that divorce is best for their safety and happiness. However, they may need to file an order of protection to protect themselves throughout the legal proceedings.

How to Obtain an Order of Protection

In Illinois, domestic violence is often considered a criminal offense. Any person who chokes, kicks, hits, threatens, harrasses, or interferes with the personal freedom of a family or household member has violated Illinois’ domestic violence law. This can include blood-related family members, married or previously married couples, those who cohabitate, people who have children together, and those who are dating or previously dated.

In order to obtain an Order of Protection, you can do the following:

1. Have your attorney file in civil court.
2. Request an order with your divorce.
3. Request an order during a criminal trial for abuse.
4. Go to your local circuit court to request an order yourself.
5. Call a local domestic violence program to ask for help filing for an order.

How Will This Impact My Divorce?

As you can see, one of the ways to obtain an order of protection is by requesting the order during your divorce. A judge may set a temporary Order of Protection in place to last throughout the duration of your divorce if you are fearful of how your spouse will respond to your decision to file for divorce. This Order of Protection can be extended to last longer than your divorce if deemed necessary. Having an Order of Protection in place will impact your divorce proceedings, most likely warranting litigation. This is typically the best option for couples who have a history of domestic abuse, since mediation or collaborative divorce can allow the abusive spouse to take advantage of their partner.

An Order of Protection will also affect the rest of your family if you and your spouse have children together. If you are the primary parent and your kids live under your roof, the Order will extend to them as well. In other words, your spouse will likely not be able to see your children without supervision throughout the proceedings. If the Order of Protection is extended past your divorce proceedings, your parenting plan will reflect these restrictions.

Contact a DuPage County Divorce Lawyer for Help

If domestic violence is a reality of your marital relationship, it is even more imperative that you find a compassionate and experienced divorce lawyer to fight on your behalf. In situations like these, the divorce will be even more complicated and contentious than your average divorce. Mevorah & Giglio Law Offices has a legal team with the ability to secure an Order of Protection on your behalf and advise you throughout the divorce proceedings. Our attorneys have more than 200 years of combined experience in protecting the best interests of their clients. Contact our Naperville divorce attorneys at 630-932-9100 to schedule your free consultation.

Sources:

http://cm20-s3-ilcadv1.s3.amazonaws.com/ResourceFiles/267cade1369046a8b88d72a784d59deeFY19DataSheet.pdf

https://assets.speakcdn.com/assets/2497/illinois_2019.pdf

https://illinoisattorneygeneral.gov/women/ordersofprotection.html