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Signs You Should Get an Emergency Order of Protection During Your Divorce 

 Posted on February 08, 2023 in Divorce / Family Law

Kane County Family Law AttorneyDomestic violence is more common than many people realize. Husbands and wives in abusive marriages often keep quiet about the abuse due to fear, embarrassment, or a desire to protect their spouse. Unfortunately, abuse tends to escalate - especially when an abused spouse tries to leave the relationship.

Studies show that three-quarters of all serious injuries caused by abuse occur when the victim tries to end the relationship. Divorce can prove to be a very dangerous time for victims of domestic abuse. If you are in the process of divorcing an abusive partner, it is important to seek legal protection. An emergency order of protection (EOP) may be necessary to ensure your safety and the safety of your children.

Indications it May Be Time to Seek Legal Protection Through an EOP

Illinois law defines abuse as physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation. Physical violence is not the only type of abuse that may warrant a protective order.

Examples of abuse in a marriage may include:

  • Hitting, slapping, shoving, and other forms of physical aggression

  • Threatening behavior, including threatening to hurt you or your children

  • Controlling behavior such as restricting access to funds, monitoring phone calls and emails, and preventing you from seeing friends or family

  • Verbal abuse, name-calling, and other forms of humiliation

  • Stalking or following you to work or other locations

  • Forcing you to participate in sexual activities that you are not comfortable with

If you are experiencing any of these behaviors from your soon-to-be ex-spouse during the divorce process, it is important to seek legal help as soon as possible.

How An Emergency Order of Protection Can Help You

If you are a victim of domestic abuse, an emergency order of protection can help protect you and your children. An EOP will provide legal restrictions on the abuser's behavior, limiting where he or she can go. It also allows law enforcement officers to arrest the abuser if he or she violates any of the terms set in the EOP. An EOP can be customized to your particular needs. An EOP may be used to:

  • Temporarily evict the abuser from the marital home and give you sole possession of the house

  • Prohibit the abuser from having contact with you, your children, or your family and friends

  • Prohibit the abuser from coming to your home, school, workplace, or other location

  • Order the abuser to complete a treatment program, such as counseling or anger management

  • Prohibit the abuser from possessing firearms

  •  Award you temporary custody of the children

An EOP is not a permanent solution. However, it gives you time to gather your belongings, make living arrangements, and handle other matters while feeling safer, more secure, and less intimidated by your abuser during the process. You can petition the court for a plenary order of protection, which offers a much longer protection period if needed.

An EOP not only provides protection from an abusive spouse, it is also a means of creating an official record of your spouse's behavior. A protective order is a crucial piece of evidence that will be considered by the court when determining parental responsibilities and parenting time.

Contact our Kane County Divorce Lawyer

Leaving an abusive spouse is complicated emotionally, financially, and legally. If you are in this situation, contact Geneva divorce attorney Cherissa "Reese" Loire Krajniak today. Attorney Krajniak has the legal knowledge and experience needed to advocate on your behalf and guide you through the divorce process. Call 630-448-2406 to set up a free, confidential case assessment.



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