How to Stop Harassment During Your Divorce

 Posted on June 06, 2020 in Order of Protection

Getting a divorce can cause uncomfortable interactions between you and your spouse. That behavior sometimes escalates to the point of harassment from your spouse. Fortunately, you can file for an order of protection against your spouse if they are continually harassing you. How do you know when your spouse’s behavior qualifies as harassment? You should explain your spouse’s behavior in detail to your divorce attorney, who can advise you on whether a court order could stop that behavior and what you need to do in order to receive that order.

Harassment in Divorce

Illinois defines harassment as conduct that knowingly and unnecessarily causes a reasonable person to feel distressed. Harassment in a divorce is usually verbal abuse made in person or via electronic communication. Common examples include:

• Making offensive or obscene comments to you
• Repeatedly contacting you by telephone or email for the purpose of disturbing you
• Making derogatory comments about you in a public forum such as social media

Harassment is a misdemeanor offense in Illinois, but the offender’s actions can rise to the level of a felony. For instance, your spouse could be charged with stalking if they are following you in person or electronically in order to harass you. Making a threat against you that causes you to reasonably fear for your safety could be assault.

Protecting Yourself

Reporting your spouse’s behavior to the police is one way to stop them if they harass you despite your warnings for them to stop. The most immediate way to protect yourself is by filing in court for an order of protection. Also known as a restraining order, an order of protection can make it illegal for your spouse to contact you in person, through another person, or by other means of communication.

For the court to grant your order of protection, you will need to present thorough evidence of your spouse’s harassing behavior, including a timeline and record of their contact with you. Transcripts of phone or email conversations could be helpful in demonstrating your spouse’s behavior.

Contact a Kane County Divorce Lawyer

You should not tolerate harassment from your spouse during your divorce, even if you do not believe you are in physical danger. There are ways that you can force your spouse to stop and find relief from your emotional torment. A St. Charles, Illinois, divorce attorney at Goostree Law Group can help you file for an order of protection if that is what is necessary to end the harassment. Schedule a free consultation by calling 630-584-4800.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+26%2E5&ActID=1876&ChapterID=53&SeqStart=75200000&SeqEnd=75900000