How Can I Prove I Need an Order of Protection During My Kendall County Divorce?

 Posted on June 10,2022 in Domestic Violence

Many people in Illinois remain trapped in unhappy or abusive marriages because they are afraid to leave. Unfortunately, the research on domestic violence suggests that people who remain in relationships out of fear of abuse may be onto something - the rate of serious physical abuse often becomes far worse when a victim tries to leave his or her abuser. 

However, victims of domestic violence are not condemned to stay in unhealthy marriages forever. Orders of protection are powerful legal instruments designed to act as a safety measure for people who are afraid that they or their children may be at risk, and an Illinois family law attorney can help you get one as part of your divorce strategy. 

How Does an Order of Protection Help? 

While an order of protection cannot take your abuser off the streets and put him or her in jail, it can create a strong incentive for your abuser to stay away from you. This is because orders of protection are ordered by the court and enforceable by law - meaning, if your abuser violates the order of protection, you can call the police and they can be subject to arrest, fines, jail time, and other penalties. 

Not everyone can get an order of protection. They are only available to the family and household members of the abuser. Blood relations, parents of the same child, people who live together now or in the past, and current or previous romantic partners and spouses may all file for an order of protection against someone. 

An order of protection can vary depending on the circumstances. It may require someone to stay away from you, your home, or your children; it could require someone  to surrender their firearms to the police; it could even order someone to attend counseling. Each order of protection is customized according to the threat. 

What Do I Need to Prove an Order of Protection is Necessary? 

For an emergency order of protection, you need to appear before a judge and testify about the abuse. You can bring any evidence you have of the abuse, including photographs, medical records, threatening communication, etc. Your abuser does not need to be present or even know about the petition. However, an emergency order of protection only lasts between two and three weeks. 

A long-term, or plenary, order of protection can only be issued after your abuser is given a chance to appear in court. You will both need to appear in court. An attorney can help you collect evidence and argue your case before a judge. 

Contact a Yorkville, IL Order of Protection Attorney

If you are feeling threatened or are worried about the safety of yourself or your children, schedule a confidential consultation with the experienced Kendall County family law attorney with the The Law Office of Matthew M. Williams, P.C.. We can help you create a compelling petition for an order of protection and create a plan to help you exit your marriage safely. Call us now at 630-409-8184. 

Source: 

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