Domestic violence is a serious and pervasive problem in our society. According to the National Domestic Violence Hotline, nearly three out of every 10 women and one out of every 10 men has experienced rape, physical violence, and/or stalking by a partner. While historically this violence went ignored, there are now legal tools in place to help victims escape these violent situations. One such tool is known as an “order of protection,” or a protective order.
An order of protection is an order signed by a judge that is designed to keep your abuser away from you. If an abuser violates this order he or she can be arrested and, depending on the type of violation, may even face criminal charges.
Different Types of Orders of Protection
In Illinois, there are three different types of protective orders. The type of order that is right for you depends upon the type of abuse you have suffered. The following includes information on each type of protective order in Illinois:
The first type of order is called an “order of protection.” These orders are specifically for victims of domestic violence. With an order of protection, a judge can make temporary determinations regarding child custody, child support, and who gets to stay in a shared home. Courts also use orders of protection to require abusers to turn over any firearms they own and turn in their firearm owner’s identification card so that they cannot legally possess guns.
A second type of order is called a “civil no contact order.” These orders are designed to protect victims of sexual abuse or sexual assault. A disadvantage to this type of order is that the court cannot use the order to decide custody, child support, or living arrangements.
The final type is called a “stalking no contact order,” which is designed to help victims of stalking. Typically, an abuser in these cases is not actually related to a victim. He or she may take actions such as follow, watch, threaten, damage a victim's property, send unwanted communications, or try to visit a victim when asked not to do so. While this type of order usually would not be taken out against a spouse, it may still be used in certain divorce proceedings. For example, if your spouse is currently seeing someone or was seeing someone during the course of your marriage, and that person is now stalking you, you may want to consider obtaining an order of protection against that person.
Call Sullivan Taylor & Gumina, P.C.
If you are in an abusive marriage, it is important that you get yourself and your children to a safe place. After you do that, there are ways you can use the legal system to make sure you remain safe. There is help available.
If you contact an Illinois family law attorney like the lawyers at Sullivan Taylor & Gumina, P.C., we can help you obtain an order of protection and we can fight for you throughout the divorce process to make sure that you and your children get the resources you need. You can reach us at (630) 756-5112. When you call we can work with you to determine how we can best be of help. The sooner you call, the better.