Every single year thousands of Illinoisans make the difficult decision to pursue a divorce. While many divorces can be amicably resolved, others can lead to erratic and aggressive behavior from a spouse. Tragically, domestic violence is alarmingly common when spouses are considering a divorce or experiencing marital issues. If your spouse begins to behave in a manner that makes you fear for the safety of yourself or your children, it may be time to obtain an order of protection.
An order of protection is a court order that will restrict an abusive family member from making contact with a spouse, children, or other family members. It is important to note that your spouse does not have to be physically abusive in order for the court to justify a protective order. If your spouse is harassing or intimidating you or your children, it is time to speak with your attorney regarding the establishment of a protective order.
In the state of Illinois, there are three types of protective orders, an emergency order, an interim order, and a plenary order of protection. An emergency order of protection can be granted by a judge without a present respondent, in fact, the respondent does not have to be made aware of the order. The emergency order will take effect as soon as the judge approves of the order, and will last a maximum of 21 days.
An interim order can last up to 30 days and will extend the protection, after the emergency order. In order to approve an interim order, a judge must serve, or attempt to serve the respondent. A plenary order is a more permanent order that can last up to two years. In order to approve a plenary order both the petitioner and respondent must be made aware of the court date. The respondent will have the opportunity to appear in court, however, if they fail to appear the order will be approved.
At J. Aldrich Law, P.C., our number one priority is ensuring the safety and wellbeing of our clients. If your spouse begins to behave in a reckless or dangerous manner, we will act promptly to establish an order of protection. To schedule a free consultation with a knowledgeable DuPage County family law attorney, call our team today at 630-953-3000.