Finding the right person is not at all easy. Sometimes the attraction is not there, sometimes the personalities are not compatible, and sometimes there just is not the right chemistry. Finding your “soulmate” is no easy task. Most of the time, the things that sour a budding relationship are innocuous and harmless. Even down the line, plenty of people drift apart or discover incompatibilities where there was once harmony. Often, rifts can grow in relationships from quirks that were once considered minor or acceptable but are now unbearably grating.
But what happens when our partner, who we may even still love, turns out to be violent, manipulative, or abusive? It can be confusing to navigate the process of obtaining protection while at the same time attempting to separate ourselves from the legal and civil bonds of marriage. This article will detail steps to take when you are obtaining an Order of Protection when there is a divorce.
Should I Start Divorce or Restraining Order Proceedings First?
If you are just beginning to research your options for dealing with an abusive spouse, you may be wondering whether you should begin divorce paperwork or Order of Protection paperwork. We are, of course, assuming that you have already determined that an Order of Protection is necessary.
The most important thing in an Order of Protection case is getting yourself protected and maintaining your safety. It is entirely possible that your spouse may be incensed or enraged by your application for a divorce, so it is advisable to start the Order of Protection petition process immediately. If you feel that you are in pressing danger, you should apply for an Emergency Order of Protection so that you can be safeguarded instantly. If you feel that you will be safe during the hearing process for an Order of Protection, you can simply begin with the Plenary Order process.
What if I Have Already Begun Processing a Divorce?
Even if you have already started divorce proceedings, you can still apply for an Order of Protection. No law exists that would impact or prohibit the processing of an Order of Protection based on divorce proceedings in process, so feel free to start the process.
Illinois does have a ban on mutual Orders of Protection, so if you have started divorce proceedings and feel that your spouse may take advantage of the law to impact your ability to obtain an Order of Protection, you should take action immediately and be the first to file.
Contact an Experienced Lawyer Today
It is important to get professional help in matters involving your safety. Do not delay in applying for an OP if you need one. Glasgow & Olsson is uniquely qualified to help, especially if you need help navigating a divorce at the same time as an Order of Protection. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.