Can You Get a Temporary Restraining Order in an Illinois Divorce?

 Posted on October 26, 2023 in Family Law

A temporary restraining order (TRO) is a form of injunctive relief that legally forces a party to take a specific action or prohibits them from taking one. The general reason for TRO is to preserve the status quo until after a trial order has been finalized. In the case of a divorce, a TRO is to prevent an immediate threat of injury, which the petitioner must prove to the court that later money cannot remedy. A skilled attorney can help anyone petition for a TRO in a divorce where one party feels threatened or in imminent danger.

Difference Between a Temporary Restraining Order and Order of Protection

A TRO is meant more for emergency use cases where a spouse may feel the other party could attempt to cause harm to you or your child before a temporary order hearing. TROs last up to 14 days or until your temporary trial hearing begins. Actions a TRO can help prevent are:

• Selling or destroying marital property
• Taking a child or children out of daycare or school
• Taking money from bank accounts
• Taking a child or children out of the county
• Incurring additional debt by taking out new loans or making large credit card purchases

An Order of Protection (PO) deals more with the threat of imminent family violence or abuse. These orders typically last around two years but can last longer, depending on the circumstances. Their primary function is to protect one party from an abuser or one who threatens to abuse, and the petitioner will need to speak with their attorney to obtain one. A PO can protect the victims of:

• Harassment
• Mental and emotional abuse
• Sexual assault
• Stalking
• Family violence
• Human trafficking

A PO is meant to stop an abuser from:

• Making contact with you and your child or children
• Being within a certain distance of you and your child or children, other members of your family, your residence, your place of work, or your children’s place of learning
• Harming or harassing you, your child or children, or your family
• Carrying or having a license to carry a firearm

Petitioners will need to provide evidence of the abuse endured or threats received.

How Do I Obtain a Temporary Restraining Order?

The first thing to do is contact your attorney, as a judge will only sign a TRO in an emergency. Your lawyer can help you file a TRO and answer any questions regarding one. Once the paperwork is complete, you must file it with the courthouse. Following this, you can fill out the forms and explain why you requested a TRO. Afterward, make an appointment to present your motion for a TRO to the judge. Both parties are required to attend the appointment. Both parties will also be able to present their case at the appointment, where a judge will listen and then decide to approve or deny the request.

Contact a DuPage County, IL Divorce Lawyer

An experienced Hinsdale, IL, temporary restraining order attorney can provide all the relevant advice and guidance required to submit your petition. At Law Office of Martoccio & Martoccio, our attorneys have years of experience protecting clients’ interests in a contested divorce. A strong and supportive attorney is a great thing to have in your corner throughout the divorce process. Contact our office at 630-920-8855 to set up a free consultation.