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Wakenight & Associates, P.C.

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

Oak Park | 708-848-3159

DuPage County | 630-852-9700   Mokena | 815-727-6144

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Oak Park divorce attorney for domestic violence

October is Domestic Violence Awareness Month. Unfortunately, this type of violence is prevalent for a variety of reasons, including mental illness or drug/alcohol addiction. According to the National Domestic Violence Hotline, every minute, an average of 24 people are victims of physical violence, sexual assault, or stalking by an intimate partner in the United States. Abuse can destroy the trust in a marriage, ultimately leading to one of the partners filing for a divorce. However, it can be very intimidating to take that first step if a person is afraid of their spouse’s reaction to ending their marriage. If someone is a victim of abuse, it is imperative to seek the guidance of an experienced attorney throughout the divorce process.      

How Is Domestic Violence Defined?

Domestic violence is also referred to as domestic abuse, intimate partner violence (IPV), or relationship abuse. It is defined as a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship. This is typically between spouses or dating partners, but it can also include violence between parents, children, or other relatives. Domestic violence does not discriminate based on age, gender, race, sexual orientation, or religion. Anyone can be a victim – or perpetrator – of domestic violence. It affects people of all financial backgrounds and educational levels. 

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Oak Park divorce attorney for emergency orders of protectionIn many divorce cases, the partners may simply grow apart and decide that they no longer wish to remain married. However, other spouses choose to end their marriage because domestic violence or child abuse has taken place. When going through high-conflict divorce proceedings, it can be necessary to obtain an order of protection for a variety of reasons, especially if one party feels like he or she is in immediate danger. It is important to understand the situations that warrant an order of protection in an Illinois divorce to ensure your and your children’s safety and well-being.   

What Can an Emergency Order of Protection Do?

When a couple begins the divorce process in Illinois, some orders will automatically go into effect placing restrictions on the spouses. For instance, both spouses are ordered to not intimidate, harass, or injure each other or any children who are minors. An emergency order is generally used if an individual is in immediate danger, but it can also include remedies for the physical care of a minor child or the possession of personal property.

Since they are usually required immediately or in extreme situations, emergency orders of protection may be processed at any time, even when courts are closed. These types of orders do not require that notice be served to the receiving party, and they can last for 14 to 21 days. 

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