During a divorce, the emotional and financial stress can sometimes escalate to a point where safety becomes a concern. When a spouse’s behavior becomes threatening or abusive, knowing when to request an order of protection is critical for your own safety.
An order of protection is a legal tool that can safeguard you by placing restrictions on the behavior of an abusive spouse.
When is an order of protection appropriate?
The right time to request an order of protection is when there is a legitimate fear for personal safety or the safety of children involved. Physical violence, threats of harm, stalking, harassment and any other behavior that creates a sense of danger are all signs that a protective order might be necessary. Illinois courts take domestic violence very seriously, and they can issue an order of protection to prevent further abuse.
If the situation involves children, their safety should be a particular priority. A parent should request an order of protection if the other parent poses a threat to the children’s well-being. This could include physical abuse, neglect or exposure to dangerous situations. An order of protection can include provisions that prevent the abusive parent from contacting or coming near the children, providing an added layer of security during a difficult time.
Is it too early or too late to get a protective order?
It is important to consider the timing when requesting an order of protection. Seeking an order of protection early, as soon as the abusive behavior begins, can prevent the situation from escalating further. The court may issue an emergency order of protection, which you can obtain without the abuser present and is effective immediately. This provides immediate relief and protection until the court can issue a more permanent order.
While an order of protection is a powerful tool, it is important to understand that it is not the only step needed for safety. Taking action quickly and decisively when faced with threats or abuse can help protect you and your family during the challenging process of divorce.
