Divorce

Can I Request a Restraining Order During Divorce Proceedings?

Divorce is one of the most emotionally trying experiences anyone can go through. But for those who feel unsafe or in danger due to the actions of their spouse, the stress can become overwhelming. It’s critical to know your legal options and take steps to ensure your personal safety during this challenging time.

If you’re navigating a divorce and feel you need protection, SLG Family Law is here to tell you that requesting a restraining order could be a vital step. This guide will explore the types of restraining orders available, how to request one in Illinois, and how it can impact your divorce proceedings.

Understanding Restraining Orders

A restraining order, known in Illinois as an Order of Protection, is a legal tool designed to protect individuals from harm or harassment. It can impose severe restrictions on the behavior of the respondent (the person the order is against) to ensure the petitioner (the person seeking the order) is safe.

Types of Restraining Orders in Illinois

Illinois recognizes three types of Orders of Protection under the Illinois Domestic Violence Act:

1. Emergency Orders of Protection:

• Granted without requiring the respondent to be notified beforehand.
• Typically valid for up to 21 days, providing immediate protection in urgent situations.

2. Interim Orders of Protection:

• Issued after the respondent has been notified of the proceedings.
• Valid for up to 30 days, bridging the gap between the emergency order and a plenary order.

3. Plenary Orders of Protection:

• Comes after a full court hearing where both parties present their case.
• Can last up to two years and be extended if necessary.

Grounds for Requesting a Restraining Order

To obtain an Order of Protection in Illinois, you must meet certain criteria:

• You must be a family or household member of the respondent. This includes spouses (or ex-spouses), domestic partners, co-parents, and siblings, among others.
• You must demonstrate that you have been subjected to abuse by the respondent. Under Illinois law, abuse includes physical abuse, harassment, intimidation, and stalking.
• The court must have jurisdiction to hear your case and grant the petition.

Applying for a Restraining Order During Divorce

If you believe your safety is at risk during your divorce, requesting a restraining order can offer peace of mind. Here’s how the process works in Illinois:

Step 1: File a Petition

Visit your local courthouse to file a petition for an Order of Protection. You will need to provide detailed information, including:

• Personal details of yourself and the respondent.
• A description of the abusive behavior.
• Evidence of the abuse, such as police reports, medical records, or witness statements.

A family law attorney can assist you in compiling the necessary documentation and ensuring your petition is complete and accurate.

Step 2: Emergency Hearing

Once your petition is filed, the court may hold an emergency hearing. This is your chance to explain why you need immediate protection. If the judge agrees, they may issue an Emergency Order of Protection.

Step 3: Serving the Respondent

If an emergency order is granted, the respondent will be formally served with notice of the protection order and the upcoming court hearing.

Step 4: Full Court Hearing

Within the validity period of the emergency order, a full hearing will be scheduled. Both you and the respondent will have the opportunity to present evidence. Based on the findings, the court may issue a Plenary Order of Protection.

The Role of a Restraining Order in Divorce Proceedings

Restraining orders can significantly alter the course of divorce proceedings, especially when personal safety is a concern.

Impact on Custody and Parenting Time

If the respondent has been abusive and the safety of children is called into question, the court may adjust custody or parenting arrangements to ensure their well-being. A restraining order can include provisions to restrict the respondent’s access to the children.

Restrictions on Property and Financial Access

An Order of Protection may also prevent the respondent from entering shared property, such as the marital home. Additionally, it may include clauses to safeguard shared financial resources, ensuring that neither party misuses them during the divorce.

Mediation and Communication

When a restraining order is in place, traditional methods of communication during divorce proceedings, such as mediation, may need to be adjusted. Courts often implement alternative processes to ensure compliance with the order while minimizing direct contact between both parties.

Legal Consequences for Violation

Violating a restraining order can have serious legal consequences, including fines, jail time, or both. It can also affect the respondent’s standing in the divorce case, influencing decisions on custody, asset division, and more.

Protect Yourself During Divorce

If you feel unsafe or threatened while going through a divorce, the importance of seeking protection cannot be overstated. A restraining order can provide immediate relief and ensure you have the peace of mind needed to focus on the legal process.

At SLG Family Law, we deeply understand the complexities of divorce and family law cases, especially those involving safety concerns. Our experienced attorneys are here to guide you through filing for an Order of Protection, advocating for your rights, and prioritizing your safety throughout the divorce process. Contact us today to take the first step toward ensuring your safety and securing a brighter future.