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.
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....