How Does Having a Protection Order Affect Divorce Proceedings?

 Posted on January 27, 2025 in Divorce

Ending a marriage with someone who has abused you can be a frightening time. Domestic abuse survivors should be aware that leaving the abuser does temporarily increase the risk that your spouse will try to hurt you. Abusers do not normally take it well when the person whose life they are used to controlling every aspect of tries to leave them. It is generally advisable for domestic abuse survivors to get an order of protection when they file for divorce. A protection order tells your spouse that he will be arrested if he tries to contact you or goes to your home, workplace, or sometimes your children’s schools. While it does not offer complete protection, a protection order can strongly discourage your spouse from continuing to abuse or harass you. Having a protection order can also influence the outcome of your divorce in some ways. You should be represented by an experienced Rolling Meadows, IL divorce attorney while you are ending an abusive marriage.

Orders of Protection Affect Possession of the House 

An order of protection tells the defendant that he is not permitted to return to the plaintiff’s home, even if the pair was living together as a married couple. If you have an order of protection, your spouse will have to leave the family home, giving you exclusive possession. The fact that you have been living in the family home throughout the divorce, especially if you have the children with you, can make it somewhat more likely that you will be able to keep the house. Your spouse will be forced to establish a new residence elsewhere while your divorce is pending and may be in the middle of a lease when your divorce finalizes.

Domestic Violence Affects Child Custody 

Being exposed to domestic violence against a parent can be very harmful to children, even if the abuser is never violent toward the child. Courts often use supervised visitation when there are domestic abuse allegations in a divorce. The parent who is perpetrating the abuse might only be allowed to see the children in a designated visitation center, which would mean there will be no overnight or multi-day visits.

If your co-parent can only have supervised visits, you will by default have primary custody. You having near-exclusive custody of the children will in turn influence the distribution of marital assets. It makes sense that you would need certain possessions, like the larger of your two vehicles.

Contact a Rolling Meadows, IL Divorce Lawyer 

Ann O’Connell Law, Ltd. is dedicated to helping domestic abuse survivors get divorced as easily as possible. Our aggressive Cook County, IL divorce attorneys will do all we can to help you stay safe and receive a favorable outcome. Contact us at 847-859-6222 for a complimentary consultation.