As divorce attorneys serving Naperville and the greater Chicago area, we often work with clients who are not only ending a marriage but also trying to stay safe in the process. In high-conflict divorces and custody disputes, safety can become a serious concern. If you or your children are being threatened, harassed, or physically harmed by the other parent or spouse, you may need legal protection. An Order of Protection under Illinois law can give you that legal protection, fast.
In Illinois, you can request an Order of Protection during a divorce or child custody case if there is evidence of abuse or threats. These court orders are designed to keep one party away from another and can include restrictions on contact, visitation, and access to the home or children. The process is straightforward, but it must be done correctly. We’re here to explain how to protect yourself and your family by taking the right legal steps.
Illinois law allows for the issuance of an Order of Protection under the Illinois Domestic Violence Act, found at 750 ILCS 60. This statute provides legal protection for victims of domestic violence, including spouses, former spouses, individuals sharing a child, people who have lived together, and family members related by blood or through a shared household.
There are three types of orders:
An Emergency Order can be obtained the same day you file, often without the other party present (this is called an ex parte hearing). This is commonly used when someone is in immediate danger.
If you’re already involved in a divorce or custody case in family court, the petition for an Order of Protection can be filed in that same case. This keeps everything centralized and allows the same judge handling your family matter to issue the protective order.
To begin the process, you’ll need to:
Under 750 ILCS 60/214, the court can include a wide range of protections:
Each Order of Protection is tailored to your circumstances. If there are children involved, the court’s priority is protecting their safety while also considering any parenting time requests under 750 ILCS 5/603.10.
An Order of Protection can directly impact custody (now called “allocation of parental responsibilities”) and parenting time. If the court finds evidence that a parent poses a threat to the child, it may suspend or supervise that parent’s time. Under 750 ILCS 5/603.10, the court has the authority to place restrictions on parenting time if the child’s physical, emotional, or psychological health would be endangered.
These orders can also influence final custody determinations. Judges will consider any history of domestic violence when making decisions under 750 ILCS 5/602.7, which outlines the best interests of the child standard.
Yes. You can file for an Order of Protection independently, even if no divorce or custody case has been started. Once the divorce is filed, your attorney can ask the court to consolidate the protective order into the family law case for consistency and enforcement.
No. Illinois law recognizes emotional abuse, harassment, stalking, intimidation, and threats as grounds for a protective order. We work with clients to document all forms of abuse and present compelling evidence to the court, including texts, emails, voicemails, or witness testimony.
In many counties, including DuPage and Cook, the court can issue an Emergency Order the same day the petition is filed. These orders are temporary and meant to provide immediate safety until a full hearing is held.
Yes. If the judge finds that staying in the same residence poses a danger to you or your children, the court can grant exclusive possession of the home to the petitioner, even if both names are on the lease or deed.
Yes. If there is evidence that parenting time places the child at risk, the court can limit or suspend visits. In some cases, supervised visitation is ordered to ensure the child’s safety while maintaining the parent-child relationship.
A Plenary Order of Protection can last up to two years and may be extended upon request. It requires a full hearing where both parties can present their side. As your attorneys, we ensure your case is presented with clarity and strong supporting evidence.
Courts take protective orders seriously and require credible evidence. False or exaggerated claims can backfire and damage a party’s credibility. We advise our clients to use these orders only when there is a genuine risk, and we vigorously defend against false accusations as well.
Yes. A final Order of Protection becomes part of the public record and can appear on background checks. This is another reason why it’s essential to have legal counsel if you are seeking or defending against such an order.
At Keller Legal Services, we understand how urgent and emotional protective order cases can be. Whether you need immediate protection or you’re facing allegations that could affect your custody rights, we are ready to act swiftly and strategically on your behalf.
Contact our Naperville divorce lawyer at Keller Legal Services by calling 630-505-1515 to receive your free consultation. We represent clients in Naperville and throughout Chicago and are committed to ensuring your safety and legal rights are fully protected during your divorce or custody dispute.
