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| Home > Divorce Q&A's: (sect-Other Issues in Divorce) > Domestic Violence | |||||
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Domestic ViolenceThe Gitlin
Law Firm, P.C., Woodstock, Illinois © 2008
Q:I've heard about orders of protection. Where can I go to get an order of protection?A:If there is not a pending divorce case, paternity case, etc., a resource to use to try to obtain an order of protection in McHenry County is Turning Point. Their telephone number is 815-338-8081; the crisis line is 800-892-8900. Their address is 11023 N. Route 47, P. O. Box 723, Woodstock, Illinois 60098. Turning Point's web site address is www.mchenrycountyturningpoint.org.
Q:What is the role of Turning Point?A:One of the roles of Turning Point or similar organizations in Illinois is to assist people in completing the forms in order to obtain an order of protection. There is a fine line as to the job of the people working at Turning Point between giving legal advice and assisting people with completing forms. This is because Illinois law creates a somewhat muddy role for such organizations. The statute refers to “domestic violence advocates” and “domestic violence counselors.” Domestic violence advocates are allowed to sit at counsel table and confer with the victim – unless the court directs otherwise.
Q:I was served with an emergency order of protection. What are my rights?A:An emergency order of protection can be valid for only 21 days. The date the order expires is stated in the order of protection. You have the right to bring a motion to reopen and rehear the emergency order of protection on two days notice by delivery. Such a motion must be supported by an affidavit setting forth the reasons the emergency order of protection should be denied.
Q:Besides an emergency order of protection, what other types of orders of protection are there?A:There are two types of orders of protection: an interim order and a plenary order of protection. The interim order can last for no more than 30 days. A plenary order of protection can last for no longer than two years. There are cases in which orders of protection are extended after the two year term, but this is unusual.
Q:Can I obtain an order of protection against my boyfriend?A:Yes. It is possible to obtain an order of protection against a boyfriend. There are certain requirements to obtain an order of protection defining the nature of the relationship between the potential parties in the order of protection proceedings. A key phrase in the Illinois Domestic Violence Act is “family or household member.” It is defined rather broadly and includes people who share or formerly shared a common dwelling, people who allegedly have a child in common, people who have had a dating relationship, etc.
Q:I have heard about injunctive orders? What are they?A:In a divorce case or other proceedings it is possible to obtain injunctive orders. An injunctive order can require that a party do a certain thing or it can prohibit a party from doing a certain thing. For example, often in divorce cases parties will agree that each party will be prevented (restrained) from spending marital funds or liquidating marital assets except for the reasonable necessities of life including the reasonable expenses of litigation. There are a number of things which must be alleged for a party to seek what is called “injunctive relief.” These include an allegation that if an order is not entered a party will be irreparably injured and other required allegations.
Q:I am involved in a divorce case against my husband. Is it easier to obtain an order of protection than to obtain an injunctive order within the divorce proceedings? Can you explain the difference between an order of protection and an injunctive order?A:Legally, the standards to obtain an order of protection may be easier than to obtain injunctive relief. The Illinois Domestic Violence Act states that an order of protection can be entered if there is harassment. Harassment is defined relatively broadly and includes “knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances.” Additionally, the conduct must be the sort that would cause a reasonable person emotional distress. While the language of Illinois law would appear to make it easy to obtain orders of protection, my experience is that this is not necessarily the case. Many judges have found the opportunity for the misuse of the domestic violence law and therefore try to apply the law to the facts of the case quite carefully.
Q:Is it possible to obtain an award of temporary custody within domestic violence proceedings?A:Yes. However, it is not possible to obtain an award of temporary legal custody as part of an emergency order of protection. It is important to note that the Illinois Domestic Violence Act provides that if the court finds that a party has committed abuse of a minor child, there shall be a rebuttable presumption that awarding temporary legal custody would not be in the child's best interest.
Q:Is it possible to obtain an order of protection on behalf of a child?A:Yes. The Illinois Domestic Violence Act allows a party to obtain an order of protection “by any person on behalf of a minor child ... who has been abused by a family or household member and who, because of age ... cannot file the petition.”
The Gitlin Law Firm provides the above information as a service to potential and current clients. A person's accessing the information contained in this web site, is not considered as retaining The Gitlin Law Firm for any case nor is it considered as providing legal advice. The Gitlin Law Firm cannot guarantee the outcome of any case. The Gitlin Law
Firm, P.C. www.gitlinlawfirm.com
Updated: January 1, 2008
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