When a divorce case involves allegations of domestic violence, the legal and emotional stakes are significantly higher. As Illinois divorce attorneys, we understand how protective orders can affect child custody, parenting time, property division, and even spousal support. Courts take these allegations seriously, and so do we. A restraining order—known formally in Illinois as an Order of Protection—can impact nearly every aspect of a divorce case.
Under the Illinois Domestic Violence Act (750 ILCS 60/101 et seq.), a person can seek an Order of Protection against a spouse or cohabitant who has committed acts of abuse or threats. Once an Order of Protection has been granted, this order can restrict the alleged abuser from contacting the petitioner, returning to a shared home, or even accessing their children. When such an order is issued during a pending divorce, it creates immediate and long-term implications. Judges evaluating property division and parental responsibilities under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/101) must consider the safety and well-being of the parties and any children involved. The existence of a restraining order can become an important factor when judges decide who should have primary parenting time and decision-making authority.
Impact On Parenting Time And Parental Responsibilities
The most direct impact of a restraining order in a divorce case is often on parenting issues. Courts prioritize the child’s best interests under 750 ILCS 5/602.7, which requires judges to consider any history of abuse by a parent. If a protective order exists, it may result in supervised visitation or the temporary suspension of parenting time for the restrained parent. This is not automatic, but judges often err on the side of caution to prevent further harm.
The order can also restrict communication between the parents, which makes co-parenting arrangements more complex. Communication may need to go through attorneys or third-party systems designed for hostile divorce cases. The court can even include provisions for how pick-ups and drop-offs are conducted to ensure safety.
Short-Term Relief Vs. Long-Term Outcomes
A temporary Order of Protection typically lasts up to 21 days and can be extended or converted into a plenary order lasting up to two years. This temporary relief can establish immediate custody and housing boundaries. However, long-term decisions—including those made in the final divorce judgment—are typically based on broader evidence and court proceedings, not just the existence of an order. Still, the initial order often frames the litigation that follows.
Illinois Divorce Frequently Asked Questions
How Does An Order Of Protection Affect Child Custody?
If one parent is under an order of protection, they may be limited in their ability to see or communicate with their children. Courts often impose supervised visitation or suspend parenting time temporarily. These restrictions are based on what the court believes is safest for the child. Long-term custody decisions are made with the child’s best interests in mind and may continue to reflect the original safety concerns.
Can A Parent Under A Restraining Order Still Get Parenting Time?
Yes, in some cases. Courts may allow supervised parenting time or arrange for safe exchange locations. The specific terms of the restraining order and the court’s assessment determines what parenting rights, if any, are granted. Courts aim to keep children safe while maintaining their relationships with both parents if possible.
What Evidence Is Needed To Obtain An Order Of Protection?
Courts typically require testimony from the victim and may review physical evidence, witness statements, or police reports. The burden of proof is lower than in criminal court; the petitioner must show that abuse or threats occurred and that an order is necessary for protection. A skilled attorney can help gather and present this evidence effectively.
How Does The Order Impact Property Division?
Under Illinois law, courts divide property equitably. If abuse impacted financial control, forced relocation, or caused other damages, the court might award a larger share of the marital estate to the abused spouse. Every case is fact-specific, and the court will consider all relevant circumstances.
Contact Our Chicago Divorce Attorney For Your Free Consultation
If you’re facing a divorce that involves domestic violence issues, Bruning & Associates, P.C. is here to help. Protect your future with attorneys who understand how the law affects every aspect of your case. Contact our Chicago divorce attorney at Bruning & Associates, P.C. by calling (815) 455-3000 to receive your free consultation. We serve clients throughout Chicago, Crystal Lake, Schaumburg, and across the entire Chicagoland metro area.