Understanding Emergency Orders in an Illinois Divorce

Understanding Emergency Orders in an Illinois Divorce

When urgent matters require immediate attention during a divorce case, emergency orders may be established to provide petitioners with prompt relief. While the court won’t deem every urgent matter an emergency, issues involving the safety of either party or the children, and critical matters involving money are addressed with emergency orders.

There are several different types of emergency orders that may be available during a divorce.

No Contact Orders

For victims of physical or mental abuse, stalking or harassment, emergency protective orders- also called no-contact orders, are available. This is a court order that provides protection from an abusive individual.

An order of protection can be issued when there has already been abuse, or when intimidation or stalking indicate the need for protection.

Stalking is considered to be a “course of conduct” involving two or more acts directed at a targeted victim, and the abuser knows that his or her actions would evoke fear for the victim’s safety or that of another person. In Illinois, stalking includes situations in which the abuser exhibits certain behaviors either directly or indirectly to cause distress for a victim. This entails following, monitoring, observing, threatening, or communicating to or about the person; engaging in other non-consensual contacts without stopping; or interfering with or causing damage to property or pets.

Urgent Matters Involving Children

When the safety or well-being of children is in jeopardy, the court will address these concerns immediately. If one parent is abusing alcohol or illegal substances, for example, and the abuse is endangering a child, the court will usually grant temporary custody orders that restrict the offending parent’s access to the kids. In some cases, the court will require supervised visitation to ensure that the children are kept safe.

Obtaining Emergency Orders

It can be tricky to obtain any one of these orders in an emergency because there are a number of rules and procedures that must be followed. Individuals can consult with their divorce lawyers about which emergency orders are available to address their urgent circumstances at any time during the divorce process.

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