For years, a woman has endured verbal abuse from her husband. Every time he has more than three alcoholic drinks, he becomes threatening and abusive. While he has never hit her, he slams the counters, punches walls, and screams in front of their children.
Normally, she uses lunch dates with her friends to vent and get some mental relief from her husband. However, during the shelter-in-place order from the governor, she has been shut in with her husband nearly 24 hours a day. She has realized that it is time to get out of this abusive relationship and protect herself and her children by filing for divorce.
As Illinois begins the process of reopening after the coronavirus shut-down, many women have been locked in with their abusers for weeks on end, causing them to suffer extensive abuse. Many of the typical ways that women seek to cope with abusive husbands, such as going to work or leaving the house to run errands or spend time alone, have been inaccessible as Illinois residents have been ordered to stay at home.
Seeking an Order of Protection in Illinois
An order of protection is a court order used to protect one family member against another. The Illinois Domestic Violence Act governs orders of protection. If you have suffered abuse from your husband during the coronavirus pandemic, or before the pandemic, you should speak to an attorney about filing an order of protection. Illinois courts will grant an order of protection when you prove the following three elements:
- That you are a family or household member of the abuser
- That your family member abused you or a protected party, including your children, and
- That the court has jurisdiction over your case
Keep in mind that you will not have to prove physical abuse to get an order of protection. The term abuse includes physical abuse, harassment, interference with personal liberty, intimidation of a dependent, or willful deprivation.
How Will an Order of Protection Help You?
An order of protection will help protect you from domestic abuse. Orders of protection have stiff penalties if violated. An Illinois judge can order your husband to stop engaging in a wide variety of behaviors, including the following:
- Prohibiting threats and abuse
- Preventing your husband from entering your home while under the influence of drugs or alcohol
- Entirely preventing your husband from entering your home or coming within a certain distance of your home
- Requirement the respondent to stay away from a certain location, such as your workplace or your child’s school
- Requiring your husband to undergo counseling
- Providing for allocation of parenting time as well as child support
- Requiring or prohibiting certain acts from your husband based on your unique situation
- The court can require your husband to pay money damages for losses that you suffer as a result of his abuse or neglect, such as attorney’s fees, medical expenses, and the cost of damage to stolen property
Contact Our Experienced Lawyers to Schedule Your Initial Consultation
If you have made the decision that it is time to get out of your abusive relationship or marriage and protect yourself and your children, you will need an experienced Illinois divorce lawyer. We can help you seek a protective order and get the process started for your divorce. Contact Glasgow & Olsson today to schedule your initial consultation.