Yes, you can file for divorce while under a protective order. The protective order does not prevent you from initiating divorce proceedings.
Understanding Divorce Filing Under a Protective Order
A protective order is designed to safeguard you from harm, but it does not limit your ability to pursue legal actions like filing for divorce. In fact, initiating divorce proceedings while under a protective order can provide additional long-term solutions to ensure your safety and independence from the abusive party.
Legal Context for Divorce and Protective Orders in Illinois
Under the Illinois Domestic Violence Act (750 ILCS 60) and the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), individuals under a protective order retain all legal rights, including the right to file for divorce.
Key Points to Consider:
- Protective Order Enforcement:
- The protective order remains in effect throughout the divorce process.
- Violations of the order can be reported to law enforcement or the court.
- Impact on Custody and Support:
- The protective order can influence temporary custody and support decisions if domestic violence is involved.
- Safe Communication:
- The court may establish safe methods of communication or enforce no-contact provisions during the divorce.
Example Scenario:
An individual under a protective order may file for divorce to permanently address issues such as property division, custody, and spousal support, while continuing to enforce the protective measures in place.
Steps to File for Divorce While Under a Protective Order
- Consult an Attorney:
Seek legal advice to understand how your protective order and divorce case may interact. - File a Petition for Divorce:
Submit your divorce petition to the appropriate Illinois court, including requests for custody, support, or property division if applicable. - Request Temporary Orders:
Ask the court for temporary custody, support, or exclusive possession of marital property during the divorce process. - Attend Court Hearings:
Ensure your attorney is aware of your protective order and prepared to address any related concerns during divorce hearings. - Enforce the Protective Order:
Report any violations of the protective order during the divorce process to law enforcement or the court.
How Attorneys Can Help
An experienced family law attorney can:
- Help you file for divorce while ensuring your protective order is enforced.
- Advocate for custody and support arrangements that prioritize your safety and well-being.
- Address violations of the protective order during the divorce process.
- Guide you through every step to achieve a fair and secure resolution.
Need Help Filing for Divorce Under a Protective Order?
Call (630) 366-1760 to consult with a compassionate family law attorney. We’ll help you navigate the divorce process while ensuring your safety and legal rights are protected.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
