Yes, you can request an order of protection during an active divorce case. An attorney can walk you through the process and discuss your options.Â
Domestic violence is a situation that can arise between a divorcing couple or a couple who has never been married. Regardless of the circumstances surrounding the alleged domestic assault or abuse, it is important that steps be taken to prevent the violence from continuing. Whether you are attempting to obtain a restraining order or defending yourself against one, an experienced lawyer can help.
We at Heckman Law, take domestic violence and restraining order issues very seriously. Our attorneys understand the impact that these matters can have on a divorce, as well as other family law issues such as child custody. Our firm has over 10 years of focused family law experience that we use when handling these sensitive cases. Contact our office online or call 847-705-8000 to schedule an appointment.
After an initial domestic violence or harassment incident, it is possible to get an immediate temporary order of protection. Also called a restraining order, your attorney can petition the court for this temporary order and have a hearing date set. At the hearing, both sides can appear and argue their cases, with the judge deciding whether or not the order be made permanent.
According to the Illinois Domestic Violence Act of 1986, a protective order can be established in order to protect your property (such as preventing a spouse or significant other from taking property), parental rights (preventing a spouse or significant other from taking the children), and personal safety (with the alleged abuser being ordered to stay away from you and your children). This order, if approved by the court, will have specific parameters in place and a length of time that the order is to continue.
Temporary and/or permanent restraining orders can be enforced by law enforcement officials, and any violations are considered criminal actions.
Contact us to learn more about how we can handle your case. When meeting with a lawyer at our firm for your initial consultation, we can discuss your rights and options. Let us help you move forward toward the resolution that is in your best interests.
Yes, you can request an order of protection during an active divorce case. An attorney can walk you through the process and discuss your options.Â
Physical violence, harassment, and willful deprivation all meet the legal definition of abuse in Illinois. The law covers many harmful actions beyond physical strikes. Courts also review behaviors that cause severe emotional distress.
Your sworn testimony serves as the primary piece of evidence. Providing medical records, police reports, photographs, and threatening messages strengthens your case. Witness statements from people who saw the abuse give the judge additional proof.
You must file a formal motion with the court that issued the original order. A judge will hold a hearing to review the requested changes. Both parties get an opportunity to speak before the court alters the terms.
Yes, Illinois courts allow you to file an emergency petition without prior notice to the abuser. Judges can grant these orders when providing notice would cause you immediate harm. The respondent receives notice later through the official law enforcement service.
A first offense brings a Class A misdemeanor charge. Subsequent offenses elevate the charge to a felony, resulting in steep fines and jail time.
Please contact our law office in Rolling Meadows for legal assistance with divorce, child custody, or visitation issues. We serve clients in the Chicago metropolitan area who need the help of an experienced and dedicated family law attorney.