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Three Types of Domestic Violence Protection Orders For Divorcing Spouses in Illinois 

Posted on in Divorce

b2ap3_thumbnail_shutterstock_728258470.jpgIdeally, the process of getting a divorce would always be amicable. Two partners would come to the mutual decision that their marriage is either no longer sustainable or worth the effort that maintaining it would require, and from there, the dissolution of marriage would take place without any arguments. 

However, not all spouses break up in a calm or cordial manner. In fact, in some cases, domestic violence either precedes or coincides with divorce proceedings. If you find yourself in this situation, an Illinois family law attorney can assist you in seeking a protection order from your violent or abusive spouse. 

If you are experiencing domestic violence within your relationship, please know that you do not have to tolerate the behavior and endure it in the hopes that it goes away on its own. Instead, it is very important to seek legal help and get an order of protection. 

How Many Order of Protection Options Are There?

There are three different kinds of orders of protection in Illinois. Here are the three orders of protection intended to assist people who are seeking protection from a violent partner: 

Emergency Order of Protection

Emergency orders of protection are short-term protection orders that may precede a long-term order of protection. As the name suggests, emergency orders of protection are sought out in emergency situations where someone is in imminent danger or needs immediate protection from another person. They may last anywhere from fourteen to twenty-one days, though the exact duration depends on the situation.

Interim Order of Protection 

An interim is a period of time between one event and another event. Similarly, an interim order of protection prevents an abusive person from reaching out to or interacting with the protected party during the period between the emergency order of protection and the plenary order of protection. 

Plenary Order of Protection 

Plenary orders of protection are the lengthiest of the three protective orders in Illinois. They may last for upwards of two years. However, since this type of protective order is only able to be issued by a judge, in order to obtain one, both parties are asked to attend a court hearing and explain their sides of the story. The judge will evaluate the evidence and arguments presented and decide whether to issue the plenary order of protection. 

How a Lawyer Can Help You File an Order of Protection in Illinois 

In a domestically violent situation, not only could you be facing physical ramifications, but the emotional toll that these circumstances inflict can be excruciating as well. This may not leave you with a lot of energy or brainpower to figure out which type of protection order is best for you. 

That’s why we highly encourage you to contact a family law attorney immediately, as divorce lawyers have the know-how, experience, and legal understanding to file a protection order on your behalf. Instead of worrying about which of the three orders of protection you need, you can call upon the skill set of an Illinois-based attorney who will advocate for you and inform you of how to best protect yourself. 

Reach Out To a Crystal Lake, IL Divorce Lawyer 

At Botto Gilbert Lancaster, PC, we have over three decades of experience with family law matters. Our firm of seven McHenry County family law attorneys is ready and willing to fight for your protection, safety, and overall rights during a divorce while also providing you with peace of mind and minimizing your stress levels. To schedule a consultation with divorce lawyers who can help you resolve the divorce-related matters you are facing, call 815-338-3838 today.




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