Order of Protection: Getting Your Abusive Spouse Out of Your Home

 Posted on July 22, 2015 in Domestic Violence

You should always be able to feel safe in your home. Your home is your sanctuary; the place where you can go to escape from the trials of the world. But if you are living with an abusive partner, your home can be dangerous for you and your children. If you are in immediate danger of any type of domestic violence or truly believe you could be, get out of the home now. You can come back for your things later and determine the ownership of the home in divorce court, but when the threat of abuse is imminent, you need to put your safety first. Do this by getting out of the home and seeking an Order of Protection against your spouse.

Two Ways to Eject an Abusive Spouse from the Home

If you need to stay in your marital home, you can have your spouse legally removed from the household. You cannot remove him or her from the house without legal intervention. There are two ways to accomplish this.

The first is to seek an Order of Protection against him or her. When you have an Order of Protection in place, your spouse is not permitted to contact you or come within a specified number of feet of you. An Order of Protection comes from the court, and the judge who signs the order must determine that your spouse's presence in the home is a threat to your safety or your child's to bar him or her from the house.

The other way to remove a spouse from your home is to petition for his or her removal while your divorce is pending, which is permitted under the Illinois Marriage and Dissolution of Marriage Act. You must be engaged in the divorce process to take this option. Like with an Order of Protection, the court must determine that barring your spouse from the family household is to protect your safety and that of your child and any other household members.

Dividing the House in the Divorce

You will still need to work through your property division with the court to determine how the house will be divided between you and your spouse in your divorce. In Illinois, divorcing couples' properties are divided according to the equitable distribution principle, which means that each spouse's share of the marital property is determine by his or her contribution to the couple's net worth as well as his or her financial needs following the divorce. Other factors, such as the length of your marriage, can affect your property distribution as well.

Kane County Divorce Attorneys

For quality legal advice and representation for your case as you work through the divorce process, contact a skilled Kane County family law attorney at Goostree Law Group. You should not have to live in fear of your spouse. Call us today to learn more about how you can get your abusive spouse out of your home and eventually, out of your life.