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Wakenight & Associates, P.C.

1100 Lake Street, Suite 120, Oak Park, IL 60301

DuPage County | 630-852-9700

Mokena | 815-727-6144   Oak Park | 708-848-3159

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Elmhurst Attorneys for Orders of Protection

Westerns Springs Protective Orders in Divorce Lawyers

Family Lawyers Help Clients Obtain Protective Orders in DuPage County

If your spouse is abusing you or your children, your most important priority should be getting to a safe place. Once you are safe, you should consider filing for an order of protection to prevent future incidents of violence or abuse. Depending on your circumstances, you might also consider filing a petition for divorce.

At Wakenight & Associates, P.C., we recognize that domestic violence and abuse can destroy lives and devastate families. We also know how difficult it can be to navigate the process of a divorce when an order of protection is in place. Our team is dedicated to helping you take the necessary actions to protect your own well-being, as well as that of your children.

Trusted Counsel for High-Conflict Divorce Cases in Oak Brook

The attorneys at our firm have more than 95 years of combined family law experience. We have helped many clients in and around DuPage County get the protection they need, and we are ready to put our experience to work for you. We realize that domestic violence can cause serious physical and psychological damage, some of which can never be undone. Our lawyers will work with you in building the happier, safer future you deserve and in finding resources for victims of domestic abuse.

Illinois Orders of Protection

Sometimes known as a restraining order or a protection from abuse (PFA) order, an order of protection is a court-issued directive that is enforceable by law. Orders of protection are intended to prevent physical, emotional, and psychological abuse by limiting contact between victims and their alleged abusers.

In Illinois, there are three types of orders of protection:

  • Emergency Orders of Protection: An emergency order of protection can be issued by a judge based on the credible, sworn testimony of the victim or the victim's advocate. An emergency order can be issued without prior notice to the alleged abuser and can remain in effect for up to 21 days;
  • Plenary Orders of Protection: A plenary order of protection will only be issued after a full hearing at which both the victim and the alleged abuser will have the opportunity to present evidence and arguments. A plenary order can remain in effect for up two years, at which point a renewal hearing can be held; and
  • Interim Orders of Protection: An interim order of protection can be issued for up to 30 days to cover the time between an emergency order and a plenary order of protection. If the hearing for a plenary order cannot be scheduled while the emergency order is still in effect, an interim order may be necessary.

The terms of an order of protection may vary, but they may include limitations on parenting time, restricted contact with children, and other efforts to keep victims safe. A person who ignores or fails to comply with an order of protection could be subject to prosecution in criminal court and may face serious penalties.

How Orders of Protection Can Affect Divorce Proceedings

If an order of protection has been issued to protect you or your children from abuse, any subsequent divorce proceedings are likely to be affected. Amicable negotiations, for example, will probably not be possible, nor will alternative resolution methods such as mediation. Options such as these rely on cooperation between spouses, which allegations or instances of abuse tend to prevent.

When children are involved, a custody evaluation will likely be ordered, and the court may appoint a guardian ad litem to investigate your family's circumstances. Based on the results of the evaluation and investigation, the court will create a parenting arrangement and parenting time schedule in compliance with the terms of the protective order. Our experienced lawyers are equipped to help you obtain a favorable outcome that protects you and your children both now and in the future.

Schedule a Free Consultation Today

At Wakenight & Associates, P.C., we understand that orders of protection can complicate a divorce. If you are looking to divorce an abusive spouse, we are ready to help. Contact our office to schedule your free, confidential consultation today. Call 630-852-9700 for an appointment. Our firm serves clients in Elmhurst, Oak Brook, Lombard, Hinsdale, Burr Ridge, Western Springs, Addison, Wood Dale, Kane County, DuPage County, and the surrounding areas.

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