Divorce and child custody disputes are already some of the most stressful legal matters families face. When a protection order is added to the mix, the process becomes even more complicated. In Illinois, orders of protection are designed to safeguard individuals from harassment, abuse, or threats. But once issued, these orders can directly impact family law proceedings, including custody arrangements, visitation rights, and property decisions.
At Hirsch Law Group, we’ve seen firsthand how criminal and family law issues overlap. Understanding how a protection order works in Illinois can help you prepare for what comes next in your divorce or custody case.
What a Protection Order Does in Illinois
An order of protection places restrictions on someone accused of harassment, threats, or abuse. These restrictions may include:
- Limiting or preventing contact with a spouse or child
- Ordering the accused person to move out of the family home
- Restricting phone calls, texts, or electronic communication
- Setting rules for visitation, custody, or parenting time
Because these orders are issued by the court, they carry legal weight. Violating an order of protection is a crime, even if the accused person believes the order is unfair.
Impact on Custody and Parenting Time
Family courts must consider a child’s safety above everything else. If a parent is subject to an active order of protection, the judge may:
- Restrict or supervise visitation with children
- Temporarily suspend parenting time altogether
- Reevaluate custody arrangements to prioritize the child’s safety
- Require proof of counseling or treatment before restoring visitation
Even if the order is temporary, it can influence how judges view custody in the long term.
Effect on Divorce Proceedings
In addition to custody issues, a protection order may affect the broader divorce process:
- Property Rights: If one spouse is removed from the marital home, the court may grant temporary possession to the other spouse until the divorce is finalized.
- Negotiations: The presence of an order often raises tension during settlement talks, making it harder to reach agreements without court involvement.
- Spousal Support: Judges may consider the circumstances surrounding a protection order when deciding on support obligations.
These outcomes depend heavily on the details of the case and the evidence presented.
How the Courts View Protection Orders
Illinois judges take protection orders seriously. While the orders are meant to protect, they are sometimes misused during contentious divorces or custody disputes. Courts must balance the safety of family members with the risk of unfairly limiting parental rights.
Because of this, judges rely heavily on evidence such as:
- Testimony from both parties
- Police reports or witness statements
- Communication records
- Prior history of domestic incidents
Without proper representation, a protection order could tilt the balance of a custody or divorce case against you.
Why Legal Representation Matters
A skilled attorney can help you:
- Challenge or modify an order of protection if it unfairly limits your parental rights.
- Ensure that your side of the story is heard in family court.
- Protect your rights while also addressing criminal allegations if they exist.
- Navigate both the criminal defense and family law systems simultaneously.
At Hirsch Law Group, our attorneys handle both criminal and family law matters, which means we understand how these issues connect.
Moving Forward When Family and Criminal Law Intersect
Facing divorce or custody disputes is challenging enough on its own. When an order of protection is involved, the stakes become higher for everyone. If you are in this situation in Illinois, taking quick, informed steps can make a difference in protecting your rights, your family, and your future.
For guidance, call Hirsch Law Group at (815) 473-3672 or contact us online to schedule a confidential consultation.
Frequently Asked Questions
Can a protection order affect child custody in Illinois?
Yes. Judges must prioritize a child’s safety. If a parent is subject to an active protection order, the court may limit or supervise parenting time, or even suspend visitation temporarily.
Does a protection order automatically give custody to the other parent?
Not automatically. Courts review the facts of each case, but an order of protection can strongly influence temporary custody or visitation decisions until the matter is fully resolved.
How long does an order of protection last in Illinois?
It depends on the type of order. Emergency orders can take effect immediately but last only a short period. Plenary orders, issued after a hearing, can remain in place for up to two years.
Can a protection order be used unfairly in a divorce case?
Sometimes, yes. Protection orders are meant for safety, but in heated divorces, they may be misused to gain an advantage in custody or property disputes. Courts look at evidence carefully to prevent misuse.
What happens if someone violates an order of protection during a custody case?
Violating an order is a separate criminal offense in Illinois. It can lead to additional charges, fines, or jail time, and it may also influence the outcome of custody or divorce proceedings.
Do I need both a family lawyer and a criminal defense lawyer for these cases?
It depends. Since protection orders affect both family and criminal courts, having an attorney who understands both areas can help ensure your rights are fully protected.