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Order of Protection in Illinois Divorce: basic information

A couple weeks ago I represented a client who was defending against an emergency order of protection procured by his ex-wife. She accused him of myriad types of harassment, from posting threats on Facebook, to making threats of bodily harm on the phone. She also accused him of raping her.

I showed the judge she was a liar. The emergency order of protection was dismissed. The interim order of protection was denied. As pitiful as it was, the woman asking for the order of protection actually fabricated a claim of rape.

There are times when orders of protection are warranted. Then, there are also plentiful times when orders of protection are used by scumbags as leverage in divorces involving a child custody dispute.

You can email me or call me at 312-554-5433 if you need an order of protection, or need to defend against one. The below article outlines some basic information about orders of protection, sometimes referred to as restraining orders.

What law governs an order or protection?

The Illinois Domestic Violence Act (“IDVA”) is the law that governs orders of protection as they related to family and house-hold members. Under IDVA, a circuit court judge can order and forbid a family or household member from continuous abusive behavior by granting an Order of Protection.

Who can I get an order of protection against?

Orders of protection under the IDVA or only for people with whom one is in a domestic relationship; for example, a wife or boyfriend. They are not for someone like a co-worker who you only see at work.

Here are some examples.

  1. A spouse
  2. Ex-spouse
  3. Girlfriend/boyfriend who have or have had a dating or engagement relationship
  4. Parents
  5. Children
  6. Stepchildren
  7. Significant other/partner
  8. Persons who share or allege to have a blood relationship through a child
  9. Persons who live together or formerly lived together
  10. Persons with disabilities and their personal assistants

What is domestic violence?

Domestic violence can be physical or psychological. The IDVA uses the following terms as abuse:

  1. Physical abuse
  2. Harassment
  3. Intimidation of a dependent
  4. Interference with personal liberty
  5. Willful deprivation
  6. Exploitation
  7. Stalking

What is an order of protection?

An Order of Protection is a court order made in writing which prohibits, by law, further abusive behavior.

An order of protection can order the defendant to stay away from a person home, place of work, and other places. It can also protect property and for a person to give certain property back to the other.

How much will an order of protection Cost?

There is no filing fee for an order of protection. However, a lawyer is recommended.

How much does a lawyer cost for an order of protection?

Many lawyers offer a flat fee to prosecute or defend against an order of protection. If you want an order of protection, a lawyer will probably increase the likelihood of getting one – especially in the case of receiving an interim order of protection after an emergency order of protection has expired.

If you are defending against an order of protection, you must take it very seriously. As mentioned above, scumbags often use orders of protection as weapons in child custody disputes. Whether or not there is an order of protection against you can impact your relationship with your children, and you job.

About the author: Contact Illinois family law attorney David Wolkowitz at 312-554-5433 or online. He is a family law and divorce attorney serving Chicago and the Counties of Cook, Champaign, DuPage, Kane, Kendall, Lake, McHenry, and Will. Areas of practice include divorce, uncontested divorce, child custody, visitation, spousal maintenance, child support, and the Uniform Child Custody Jurisdiction & Enforcement Act (the “UCCJEA”).