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Orders of Protection and Divorce: What You Should Know


An unfortunate trend in divorce in the past few years is the growth in orders of protection. Typically, a spouse will file one accusing their soon-to-be former spouse of domestic violence, abuse, or other related matters in the hopes of affecting the divorce proceedings.

When unfounded, these orders do little but waste time and money. However, the court must take any allegations seriously to ensure that the children and the spouse who filed the claim are safe and not in harm’s way.

While you’ve likely heard of an order of protection, it’s important you understand what they are. Doing so helps you better predict what may happen in your divorce suit, no matter how unlikely it may seem at the time.

What is an Order of Protection?

An order of protection is an order filed with the court that offers protection to the party who has filed the order and any children listed in the claim. Orders of protection are issued based on the sworn testimony of one party.

If the court accepts the allegations, you may be ordered to remain away from your spouse, children, home, and other areas where your spouse and children are found while the order is valid. Emergency and interim orders of protection will last up to 21 days. After this time period is up, the court will hold a hearing and determine whether the claims in the order are valid.

Take All Orders of Protection Seriously 

Regardless of whether the asserted claims are true, it’s important that you take it seriously. While divorce is a civil lawsuit, if the court finds the allegations in the order true you will be subject to criminal charges.

It’s best to spend the 21-day period of the order speaking with a Naperville divorce attorney and building proof that the claims aren’t true. Doing so will only help you at the time of the hearing and better your chances of the claim being dismissed.

Remember, the emergency order does not go on your criminal record. It merely serves as protection for the filing party until the court can hear arguments from both the spouse who filed the order and the accused.

If You’ve Been Served With an Order of Protection, Lawrence R. Surinak Ltd. Can Help

In the most contentious divorce cases, spouses will search for any way to get the “upper hand” and ruin the reputation of their soon-to-be former spouse in court. Unfortunately, orders of protection have become one of the most popular ways to do so.

If you’ve been served with an order of protection, Larry and his team at Lawrence R. Surinak Ltd. can help. We have over 35 years of experience in divorce and family law and will offer our expertise and support to ensure you don’t experience issues in your case due to an unfounded order of protection.

Contact us at 630-470-9990 to discuss your case in greater detail and take advantage of your free, 30-minute consultation. If you prefer, you can also fill in our simple online form to request a consultation time.

We look forward to speaking with you about your order of protection and any other issues relating to your divorce.

Concentrated on Family Law

Lawrence R. Surinak Ltd. is a law firm concentrating solely on family law and has served clients in DuPage, Will, Kane, and Kendall counties for over 35 years.

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About Attorney Lawrence R. Surinak Ltd.

Lawrence R. Surinak Ltd. is a law firm concentrating solely on family law and has served clients in DuPage, Will, Kane, and Kendall counties for over 35 years.

We continue to work with clients in Naperville, Wheaton, Lisle, Oswego, Downers Grove, and the surrounding areas to provide one-on-one support and attention that will help you through this difficult time.

If you have any questions or concerns, please feel free to contact us at any time. We look forward to offering our expertise and support to you throughout your case and after.