Know What to Do if Your Spouse Stalks You During Divorce

 Posted on July 28, 2020 in Family Law

Divorce can make people act in ways they otherwise would have never even considered. In a few cases, one spouse will stalk their partner in order to intimidate them, learn information that could help their case, such as if the spouse is having an affair, or to try and get their partner to meet their demands. Stalking can involve a number of different behaviors. No matter the type of stalking one is engaging in, it is very threatening and there are steps you can take to stop it if it is happening during your divorce.

What Is Stalking?

According to the Stalking No Contact Order Act in Illinois, stalking typically involves surveilling a person, regularly appearing at their home, school, or work, making unwanted phone calls, or sending unwanted emails, texts, or messages over social media. Injuring a pet, leaving items for a person, and vandalizing another person’s property are also all considered forms of stalking.

It is important to note that no matter the type of behavior, stalking is usually done repeatedly and is not a single act. Usually, it also involves placing the victim in fear of being hurt, and sometimes stalkers do physically hurt their victims. No one should ever think that they are overreacting to their spouse stalking them, and everyone should know what to do when in this situation.

Orders of Protection

Any time a person is fearful due to stalking, they should obtain an order of protection, which is a court order that prohibits one person from abusing or harassing another. Orders of protection are also called restraining orders, but they are only available for family members. A judge may include several different provisions within an order of protection, but the most common include:

• No contact provision: This provision prevents a person from contacting another in any manner, including email, social media, phone calls, and texts.
• Stay away provision: As its name suggests, this provision prohibits the subject of the order from going near another person. Most orders will specify the exact distance the subject must keep from the victim.
• Move out provision: Often in a divorce, the couple will live in the same home until the divorce is final. This provision requires the subject of the order to move out of the home.
• Peaceful contact provision: When contact is necessary, such as when dropping a child off for visitation, this provision requires the subject of the order to communicate peacefully with the other person.
• Firearms provision: When the subject of the order owns firearms, this provision can require them to surrender them.

Although you must go through the court to obtain an order of protection, you can obtain an Emergency Order of Protection if you fear for your safety, which is a much quicker process.

Our Illinois Family Lawyers are Here to Help

Anyone that seeks an order of protection is already going through a difficult time, and the court process can seem overwhelming. At the Law Office of Martoccio & Martoccio, our dedicated Hinsdale family lawyers are here to help. We can help you navigate the system and give you the best chance of securing an order of protection so you can feel safe again. If you are going through a divorce, call us today at 630-920-8855 or contact us online to arrange a free initial consultation with one of our skilled attorneys and to learn more about how we can help.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3123&ChapterID=57