Will Getting an Order of Protection Impact an Illinois Divorce?

 Posted on May 19, 2025 in Order of Protection

Divorcing someone after you have endured domestic violence or abuse can be scary and intimidating. Often, leaving an abuser can increase the risk of abuse, but a Schaumburg, IL order of protection attorney can assist you in accessing court-ordered protection during this difficult time. A protective order does not provide a total barrier between you and your spouse, but it can act as a strong deterrent against abuse and harassment. Speaking with a knowledgeable legal representative allows you to address all your concerns about the impact of an order of protection during divorce. 

Orders of Protection and Home Possession in an Illinois Divorce

The most common concerns during divorce proceedings involve the division of property and the allocation of parental responsibilities, formerly called custody. How will filing an order of protection impact where you and your children live? 

According to the Illinois Domestic Violence Act, an order of protection prohibits physical and nonphysical contact. Therefore, when the court issues a protective order against your spouse, they are not allowed to return to your home, even if you were still living together. This is especially true if you have children together, and you have been living in the home with the children. More often than not, you will also be able to live in the home in the divorce, and your spouse will have to establish a new residence during the process.

How Domestic Violence and Orders of Protection Affect Child Custody

Orders of protection can be temporary or permanent. If the court issues a temporary order of protection against your spouse during the divorce process, it can be difficult for them to see your children while the order is active. However, if they do not give the court a reason to extend the order, they will likely be given parenting time again in the future when the order expires.

If you have a permanent order of protection against your spouse, they will have to petition the court to receive parenting time. This means that your spouse cannot try to see the children under any previously established parenting plan; your spouse will have to ask the court for new arrangements. However, the court prioritizes the children’s best interests and will prohibit visitation if your spouse is deemed a serious threat to your children.

Conduct Prohibited Under an Illinois Order of Protection

The Domestic Violence Act prohibits a broad spectrum of actions under an order of protection. Some things your spouse would be forbidden to do include:

• Intimidating you to make you do something

• Interfering with your physical liberty

• Willfully depriving you of things like food or money

• Abusing you physically

• Destroying your property

• Stalking or harassing you, including by phone or another electronic means of communication

• Denying you access to the care that you need

It is important to note that orders of protection are not a perfect solution, especially if you are afraid that your spouse will react badly to such an order. Orders of protection do require the target of the order to give up their guns, but these orders do not put a person in jail or physically force them not to go somewhere. Statistics suggest that dangerous relationships can sometimes become even more dangerous when someone files an order of protection against their abuser. 

You know your situation best. If you fear your spouse will become more violent towards you, make sure you are in a safe place before filling and talk to a lawyer first. An experienced attorney can help you understand whether or how a protective order would benefit you and answer any questions you have about the divorce process. Every case is different and should be tailored to meet the needs of your specific circumstances.

Contact Our Schaumburg, IL Order of Protection Attorneys Today

At A. Traub & Associates, we understand that victims of domestic violence need support when trying to leave. These cases can be challenging, and our priority is to help you access an order of protection for your safety before we guide you through the divorce process. Call 630-426-0196 today to speak with one of our Schaumburg family lawyers about your legal options.