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Getting an Order of Protection During a Divorce in Kane County

Kane County Orders of Protection attorney

St. Charles Divorce Lawyer Explains How to Obtain or Defend Against a Restraining Order

If you are divorcing someone with a tendency toward violence, or if you anticipate that your spouse may react violently to your filing for divorce, consider applying for an order of protection before your spouse is served with papers.

At Goostree Law Group, we care about helping our clients through challenging times. We will make sure that you receive every protection available under the law.

With an average of 15 years of experience each, our attorneys are prepared to handle the most difficult situations, including those involving domestic violence, stalking, or harassment.

Process for Obtaining a Restraining Order in Kane County

Your lawyer at Goostree Law Group can help you through the entire process of obtaining an order of protection.

  • Filing. We can file a petition for an order of protection at the same time we file for your divorce, so that it all becomes one case to be overseen by the same judge. We can also file for an order of protection separately from your divorce case when appropriate.
  • Serving your spouse. We can arrange for the order of protection to be served first, before your spouse is served with divorce papers, or both can be served together.
  • Requesting specific remedies. An order of protection can grant you a wide variety of protections, such as:
    • Prohibiting your spouse, referred to in court as the respondent, from harassing or stalking you, interfering with your personal liberty, intimidating your children, physically abusing you, or willfully depriving you of the necessities of life.
    • Granting you exclusive possession and use of your residence, and prohibiting your spouse from entering it.
    • Prohibiting your spouse from approaching you at your work, school, or other places you frequent. This is known as a stay-away order.
    • Requiring your spouse to undergo counseling.
    • Granting you sole temporary custody (decision-making authority) of your minor children and restricting or denying visitation (parenting time) to your spouse.

Types and Duration of Orders of Protection (OP)

Illinois law defines three different types of protective orders:

  • If you can demonstrate an immediate and present danger of abuse, you can request a 21-day emergency order with expedited processing.
  • In the absence of immediate danger, the court may issue an interim order of protection that will be effective for no more than 30 days.
  • In both situations above, the court will hold a hearing to determine if a plenary order of protection should be granted. In a divorce proceeding, the order will remain in effect until the final dissolution of marriage is issued. In other cases, the court will set an effective period for the plenary order with a maximum of two years.

Defense Against a Protective Order

During a high-conflict divorce, one spouse may seek an order of protection for malicious purposes, in hopes of gaining an advantage in divorce or child custody negotiations. If you are falsely accused of abuse or other misconduct, and you have been served with an order of protection notice, we will staunchly defend you in court.

St. Charles Order of Protection Lawyer

The attorneys of Goostree Law Group will advocate strongly for your interests in matters of divorce, family law, and criminal defense. We serve clients in the Kane County communities of St. Charles, Campton Hills, Elgin, Geneva, Batavia, North Aurora, Elburn, Kaneville, and LaFox. Contact us in our St. Charles office at 630-584-4800 for a free consultation.

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