St. Charles Order of Protection Attorney

Kane County Divorce Lawyer Helps Clients 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, you may want to consider applying for an order of protection before your spouse is served with divorce 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.

Order of Protection FAQs


If I Seek an Order of Protection in Kane County, Will My Spouse Have to Leave Our Residence?

Answer: Seeking an order of protection may not automatically require your spouse to leave the residence. However, in certain circumstances, a "stay away" order may be issued by the court, requiring your spouse to leave your shared residence. To obtain a "stay away" order, you would typically need to provide evidence to the court that demonstrates the immediate need for your spouse to be removed from the shared residence to protect the safety of you or your children. This evidence may include police reports, medical records, witness statements, or other forms of evidence that support your claim of domestic violence or a threat to your safety.


If Served With an Order of Protection in Kane County, How Can I Retrieve My Personal Belongings and Car?

Answer: If you have been served with an order of protection in Kane County, it is important to abide by the terms of the order to ensure your safety and compliance with the law. Retrieving your personal belongings or car can be a delicate situation, and it is advisable to consult with a legal professional for guidance specific to your case. Your attorney can help you navigate the process and potentially assist in arranging for a neutral third party to accompany you to collect your belongings. It is essential to prioritize your safety and the well-being of all parties involved during this process


Can I Legally Move Back into My House While an Order of Protection Is in Place?

Answer: First, it is important to understand the specific terms and conditions of the order. An order of protection may include provisions prohibiting you from entering certain premises, including your home, if the protected party resides there. Violating an order of protection can have serious legal consequences, including potential criminal charges. Therefore, it is crucial to comply with the order's provisions until it is modified or lifted by the court. If you wish to move back into your house, it is advisable to consult with a legal professional. In some cases, seeking a modification of the order through the court may be possible. Your lawyer can assist you in filing a motion to modify the order, providing valid reasons and evidence to support your request. Ultimately, the decision to allow you to move back into your house while the order of protection is in place will be up to the court.


In Kane County, Can an Attorney Assist Me in Preventing the Other Parent From Keeping the Children Away from Me Under an Order of Protection?

Answer: When it comes to child custody and visitation matters, the court's primary concern is the best interests of the children involved. If you believe that the other parent is wrongfully keeping your children away from you, an attorney can help you present evidence and arguments to the court to support your case. Your attorney may assist you in filing a motion to modify an order of protection or seeking a separate court order addressing custody and visitation issues. The court will evaluate your case based on the evidence and arguments presented by both parties. They may consider factors such as the safety of the children, the history of domestic violence or abuse, and any other relevant factors when making decisions regarding custody and visitation.


What Is the Typical Duration of an Order of Protection in Kane County, and Can it Be Modified by Legal Means?

Answer: An emergency order of protection can be granted for a short period of time, usually up to 21 days. After that, a plenary order of protection can be issued, which typically lasts for a longer duration, up to a maximum of two years. However, the duration can vary based on the court's discretion and the circumstances of your case. An order of protection can be modified through legal means. If you believe that the terms of an order need to be changed or clarified, you can file a motion to modify the order with the court.


If I File for Divorce in Kane County, How Does it Impact an Existing Order of Protection?

Answer: Depending on the specific circumstances, an existing order of protection will likely remain in place until your divorce is finalized or until a judge believes that it is no longer necessary. Depending on the decisions made during your divorce, an order of protection may be modified to address changes to child custody or other issues. If necessary, the court may set a deadline for how long the order of protection will stay in place. The maximum length of a plenary order of protection is two years.


Can an Order of Protection Extend to Safeguarding the Well-Being of My Children as Well?

Answer: Absolutely. In cases where children are involved and their safety may be at risk, the court can also include provisions in the order of protection to protect them. These provisions can address issues such as custody, visitation, and communication between the parties. The court may consider factors such as evidence of abuse or neglect, the child's best interests, and any other relevant circumstances when making decisions about child-related issues in the order of protection. The terms of an order of protection may include restrictions on visitation or contact with the children, supervised visitation, or specific guidelines for exchanging the children between parties.

Contact a St. Charles Order of Protection Attorney

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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