Should I Seek an Order of Protection against My Partner?

 Posted on March 30, 2016 in Domestic Violence

If you feel that you are in danger of being harmed by your current or former partner, yes. An order of protection is a legal order that requires your abuser to stay away from you, with criminal consequences for violating the order. Having one in place can give you the recourse you need if you are threatened or attacked. Your partner or others around you might attempt to sway your decision, telling you that this type of protection is meaningless or unnecessary. But do not listen to them – let an experienced family and divorce attorney determine whether an order of protection is in your best interest.

Are You Unsafe?

This is the most important issue to determine when deciding whether or not to seek an order of protection from a partner. Ask yourself if you feel like you are in danger of being hurt, whether physically, emotionally, mentally, or financially. Domestic violence means more than just physical acts. It can refer to the psychological manipulation of a partner, the restriction of an individual's financial freedom, and emotional or sexual abuse as well. In short, all types of domestic violence have one thing in common: they are an attempt to maintain control over an individual.

If you are not in danger of becoming a domestic violence victim, do not seek an order of protection. Seeking one as an attempt to “get back at” your former partner or as a way to prevent him or her from spending time with your children can only backfire and hurt your case.

Determining the Type of Order of Protection You Need

There are multiple types of order of protection available to individuals in need. These are:

Plenary Orders of Protection: A judge may issue this type of order after a hearing in which the individual seeking protection and the individual against whom the order is sought present their respective arguments. This type of order of protection may last for up to two years.

Emergency Orders of Protection: This type of order is issued when an individual is in immediate danger of abuse. The individual against whom an emergency order if protection is filed does not have to be notarized of the order, which may be in place for 14 to 21 days.

Interim Orders of Protection:This type of order may last for up to 30 days. It is issued by a judge to protect an individual during the time leading up to his or her hearing for a plenary order of protection.

Work with an Illinois Divorce Attorney

If your relationship is abusive in any way, you need to exit the relationship for your own safety. Do not allow yourself to be manipulated into staying with an abusive partner and do not ever feel like you deserve his or her abuse – nobody deserves to be abused by a partner. When you decide it is time to end your marriage, contact our team of experienced Kane County divorce lawyers at our law firm to schedule your initial legal consultation with us.

Sources:

http://www.ncadv.org/need-help/what-is-domestic-violence

http://www.illinoisattorneygeneral.gov/women/victims.html