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posted on 8/24/15

Divorces are notoriously contentious legal matters. With emotions running high, divorce cases can often become tense and deeply adversarial. Unfortunately, in some cases the aggressiveness in divorce reaches unsafe levels. Sometimes, a party to the divorce may need to seek an order of protection against the other. Such an order can help protect a party from abuse, threats of harm, harassment and stalking. However, in order to file for an order of protection, the concerned party must take certain steps in the legal process.

Types of Protective Orders

If you are the victim of a crime, such as assault or domestic violence, you can pursue a criminal order of protection. However, you can only do so if you choose to press charges. If you do not intend to press criminal charges against your alleged abuser, you can still seek legal protection against future attacks or threats of harm.

Regardless of whether an order of protection is criminal or civil, there are three types of protective orders:

  • Emergency;
  • Interim; and
  • Plenary.

An emergency protective order is valid for up to 21 days. Given the nature of this type of order, the alleged aggressor is not given a hearing before the protective order is issued. An interim order can last up to 30 days, giving you the chance to pursue a more long-term order if necessary. Interim orders are most commonly granted between steps in a case. In a divorce case, an interim order may be granted between hearings or before trial if appropriate. A plenary order can last up to two full years. However, to receive a plenary order, the alleged aggressor is entitled to a legal hearing before the order is issued. During this hearing, the accused can defend himself or herself against allegations of domestic violence or threatening behavior.

Impact of Protective Orders in Divorce

Most often, a protective order will compel the alleged aggressor to drop any and all contact with the victim. During divorce, this often means that the alleged aggressor cannot enter the victim’s home, which may be the marital home. In some cases, the alleged aggressor is required to pay temporary child or spousal support while the order is active.

If you have been served with an order of protection during divorce, it is important to immediately avoid any contact with the other party. It can be tempting to contact the opposing party regarding the order. However, doing so can only work against you in court. Sadly, some divorcing spouses use protective orders as legal weapons during divorce, instead of reserving these important legal tools for true victims. If that is the case you are facing, it is important to contact an attorney right away. You are entitled to have legal representation at a protective order hearing, if you so choose. Your attorney can defend you against allegations of wrongdoing, and help you avoid the impact a protective order can have on your divorce.

Our highly-skilled divorce attorneys at Glasgow & Olsson are here to help you. Whether you need to file for a protective order, or defend yourself against such an order, contact us today. You can discuss your case with an experienced Schaumburg divorce lawyer during a free consultation.

 

Source:

http://www.cookcountycourt.org/Portals/0/Domestic%20Violence%20Division/Forms/Protective%20Orders%20Comparison%20Sheet.pdf