Any romantic relationship can be messy, and it is sometimes difficult or impossible to sort out who is the primary offender in an abusive relationship or an acrimonious divorce. It is common for victims in abuse situations to fight back, usually verbally, but sometimes physically, as a means of combating the control and coercion exercised by their abuser. Perhaps as a response to being repeatedly broken down and berated by your partner, you respond with cruel acts of your own, attempting to regain some semblance of power in an increasingly broken relationship. As a result, your husband/wife or partner files for an order of protection against you. You were only trying to defend yourself — so, what now?
The Importance of Filing First in Illinois
In Illinois, the above situation can be a huge problem because state law prohibits mutual orders of protection. The law is the first one to the courthouse is the victim. Even though you may feel that you are the true victim, Illinois law can pose difficulties if you end up being the later filer because of the law’s command. Accordingly, if you believe that you are a victim of domestic violence or abuse or if you are going through a divorce and suspect that your ex may attempt to file for an order of protection to undermine your claims, it is important to act fast and apply quickly to avail yourself of the court’s protective powers to prevent further abuse.
Divorce, the Ban, and Orders of Protection
While Illinois only allows people to file for “no-fault” divorce, you may not be perceived as “no fault” if your partner has filed for an order of protection against you. Having an order of protection against you on your record can impact your employment, certain fundamental constitutional rights and create custody issues with your children.
If you have a family, having an order of protection against you does not bode well for favorable child custody disputes and creates potential problems for child support. Failing to file first if you are the victim of abuse can harm your best interests and impact the rest of your life dramatically. It is important to engage a lawyer in order to take proactive steps to safeguard your future and the future of your loved ones.
If you do fail to file first, don’t lose hope. Though Illinois bans mutual orders of protection, there are some conditions in which correlative orders of protection may be granted. These circumstances are rare but they do happen. You will need an experienced lawyer who is prepared to fight for you and help satisfy the burden of proof.
Contact an Experienced Lawyer Today
It is important to get professional help in matters involving your safety. Do not delay in acquiring legal help from our law offices. Glasgow & Olsson is uniquely qualified to help, especially if you are in a messy divorce, at risk of harm from an abusive partner, or dealing with a pathological liar. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.