What to do if Your Spouse Violates a Protection Order

 Posted on July 22,2022 in Family Law

If you have an Order of Protection against your spouse, there is probably a very good reason behind it. While there are certainly a few people who use protection orders abusively, the vast majority of people who hold one truly need it to stay safe. Most protection orders force the dangerous spouse to immediately leave the marital home and not return, except with police escort to pick up a few personal items. You probably felt much safer knowing that your spouse cannot legally contact you or come to your home or workplace. Unfortunately, a protection order is a piece of paper, not a comprehensive security system. There is always a chance that your ex may choose to ignore it and contact you or show up anyway. It is important that you know how to handle this situation should it arise. An attorney can give you more specific advice that pertains to your own individual situation. 

Reacting to a Restraining Order Violation

Your safety and the safety of any children you have is paramount. If your spouse is willing to violate a legal protection order, you may be in danger. If your ex disregards your protection order, steps you can take include: 

• Get to safety - If your spouse appears at your home, get to a secured area. Lock yourself and your children in a room that your spouse cannot easily get into if possible. If you have a defense weapon like a stun gun or pepper spray, take it with you. 

• Call 911 - If your spouse is a danger to you, calling 911 is not an overreaction. Having the police come handle the situation for you is the best course of action, especially if you are in your home or workplace when you see them. The police are likely to arrest your spouse on the spot if he is violating the order.

• Document - If they call you or send a text or email, take a screenshot and save the message. Your attorney will need proof of the violation to show the court. 

• Collect witness information - If anyone else saw your spouse in a place they were not supposed to be or heard them speaking to you on the phone, make sure you get their contact information. The witness should also speak to police if possible. 

Having a spouse violate your protection order can be annoying at best and terrifying or dangerous at worst. It is also important to inform your divorce attorney promptly so that they can take the appropriate legal steps. 

Call a Kane County Lawyer for Protection Orders

Serrano Hanson is committed to keeping people safe while they divorce a dangerous or threatening spouse. Our experienced Geneva attorneys for protection orders will do everything in our power to enforce your protection order to the fullest extent. Contact us at 630-844-8781 for a consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.4