Being charged with domestic battery in Illinois is a tough situation, but it is even more difficult when you are also involved in a divorce case. The allegations can have an impact on the divorce process if an order of protection is issued against you. A restraining order can affect your living arrangements and relationships with your children. Plus, some domestic battery cases can even proceed through an entirely different court process. Your interests as a party to a divorce and your rights as a parent are at risk if you do not retain a knowledgeable domestic battery defense attorney to represent you. Some background information may help you understand what is at stake.
How Orders of Protection Work
A restraining order is essentially a law that applies to you personally, telling you that you can not engage in certain acts that are alleged to be precursors of domestic battery. A judge can issue an order of protection in almost any situation in which a petitioner believes that he or she is in danger, regardless of whether you are involved in a divorce. If the order is entered on an emergency basis, you may not even have an opportunity to appear in court on the first date that the order is issued. Once you discover that the emergency order has been issued when it is served upon you, it is time to call your lawyer.
Restraining Order in Your Divorce Case
It is common for divorcing couples to experience heated emotions during the process, and violent encounters may occur. If you were accused of domestic battery, the charges may affect your personal freedoms and can carry criminal sanctions. When you are involved in a divorce case at the same time, there are additional consequences for your future.
An Order of Protection May Affect Your Living Arrangements
In many cases, a restraining order will require you to stay away from the person accusing you of domestic violence. If you share a home with that individual, your living arrangements may violate the terms of the order of protection. You may need to vacate your residence to be in compliance with the law, or you could even be evicted until the domestic battery or divorce case is resolved.
Domestic Battery Allegations and Child Custody Proceedings
An order of protection based upon domestic battery could affect your rights as a parent in a divorce case. A judge will consider the allegations when making a determination on child custody and visitation, which the law refers to as allocation of parental responsibilities and parenting time. You could miss out on important decision making and time with your child if you do not take action to protect your interests.
Trust an Illinois Domestic Violence Defense Lawyer with Your Case
Even if the domestic battery accusations are false, misleading, or exaggerated, you put your rights in jeopardy if you do not retain an experienced attorney to represent you. Your personal freedoms, living arrangements, and future are at stake, especially when you are going through a divorce. Plus, allegations of domestic battery could affect your relationships with your children. Our attorneys at Glasgow & Olsson can help, so please call 847.577.8700 or visit our website to schedule a consultation today.
(image courtesy of Joanna Nix)