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Can You Get an Order of Protection During Your Illinois Divorce? 

Posted on in Divorce

b2ap3_thumbnail_shutterstock_1660007995-min.jpgGetting divorced in Illinois is often a contentious process, but for spouses dealing with abuse, it can be especially challenging. Research shows an alarming number of Illinois residents deal with domestic violence, and - perhaps most alarming - that victims of domestic violence may be at greatest risk when they try to leave their abuser. 

For those who are afraid that filing for divorce could trigger escalated abusive behavior from their spouse, an Order of Protection may be helpful. There are several types of Orders of Protection, and although each can help protect a victim and their children, a victim’s circumstances will dictate which protection order is appropriate. A qualified Illinois divorce attorney can help you petition the court for an Order of Protection. 

Types of Orders of Protection in Illinois

There are three basic types of Orders of Protection in Illinois. They are as follows: 

  • Emergency Order of Protection - An Emergency Order of Protection, or EOP, is enacted immediately and without notifying the alleged abuser. EOPs allow victims to get the protection they need right away, leave their abuser, and get themselves and their children to a safe place. EOPs last a maximum of 21 days. 

  • Plenary Order of Protection - A Plenary Order of Protection is a long-term protection order that can last up to two years. It is given by a court after a full hearing that requires the presence of the victim and alleged abuser, and requires evidence, testimony, and a request for specific protections. Plenary Orders of Protection can require an abuser not to contact his or her victim or children but may also stipulate an abuser may only contact the victim or their children if they are not under the influence of alcohol or drugs. 

  • Interim Orders of Protection - An Interim Order of Protection covers the time between when the EOP expires and the Plenary Order of Protection is handed down. Interim Orders of Protection can temporarily resolve issues related to the children, such as whether the abusive parent is allowed to spend time with them. 

Getting an Order of Protection

Once a victim has filed for an Order of Protection, Illinois courts will decide whether to grant it. They consider a number of factors, including the following: 

  • The nature of the alleged abuser’s actions, including the severity and how it impacted the victim

  • The probability of future abuse

  • Any danger to minor children 

  • Any evidence supporting the claims of the abuse 

Judges may not consider whether a victim tried or failed to act in self-defense, failed to leave the situation to avoid the abuse, or that the abuser was intoxicated. The standard of evidence during an Order of Protection hearing is “a preponderance of the evidence,” meaning that the victim’s allegations are more likely than not to be true. 

Speak with an Oak Brook Order of Protection Attorney

The experienced DuPage County divorce attorneys with Botti Marinaccio, LTD. take your safety concerns very seriously. If you need an order of protection before or during the divorce process, we will work quickly to help you file for one and then advocate for your rights throughout your divorce. For a strong team of divorce attorneys you can rely on, contact the offices of Botti Marinaccio, LTD. today to schedule a confidential consultation. Call us at 630-575-8585

 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000600K214

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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