What is the Difference Between Orders of Protection and Restraining Orders in Illinois?

 Posted on June 13, 2023 in Family Law

When there is tension or violence in a relationship, obtaining an order of protection or a restraining order in Illinois can be an effective legal way to establish limits and safety. Although similar in nature, the two have significant differences. As a result, if you are interested in pursuing either an order of protection or a restraining order, contact a family law attorney to learn more about what each option entails and which may be right for you. 

Restraining Orders 

Contrary to what many believe, temporary restraining orders are designed primarily to protect financial assets during divorce proceedings under Illinois law. When a divorce is taking place, a restraining order can prohibit a spouse from taking, selling, or otherwise disposing of jointly controlled property or assets. An example of a scenario where a financial restraining order may be necessary could be to prevent a spouse from canceling a critical insurance policy. In Illinois, restraining orders are usually used in divorce cases instead of domestic violence cases, but not always. 

Orders of Protection in Illinois

Meanwhile, an order of protection is an enforced court order that requires one individual who has been accused of committing domestic abuse to stay away and refrain from contacting the alleged victim(s) in any way. Furthermore, orders of protection can be used to stop violent or abusive threats or acts from occurring, require the offender to enter therapy, counseling, or other forms of treatment, move out of the marital home, and more. 

Understanding the Differences

While obtaining both an order of protection and a restraining order is possible, they address distinct issues during divorce proceedings. Primarily, orders of protection deal with issues of safety and the possibility of harm while restraining orders focus on protecting marital assets from damage or removal before the divorce agreement is resolved. 

Contact a Kane County Divorce Attorney

While emotions tend to run high during divorce proceedings, no one deserves to feel physically or financially threatened at any point during proceedings. People need to know and understand that legal remedies are available for those who think their physical, mental, or financial well-being is at risk. Luckily, attorneys who are skilled in matters related to physical and financial security during divorce are available. For high-quality legal representation, contact the experienced Batavia, IL divorce lawyer at Van Larson Law, P.C. Call 630-879-9090 for a free consultation today. 

 

Source:

https://www.illinoisattorneygeneral.gov/Safer-Communities/Violence-Prevention-and-Community-Safety/Orders-of-Protection/