Temporary Court Orders in Illinois Divorce Cases

 Posted on November 11, 2022 in Family Law

Many people filing for divorce in DuPage County are dealing with courts for the first time and do not have full understanding of their rights during all proceedings. Courts can issue various kinds of temporary restraining orders or protective orders as well as other types of injunctive relief.

People should be aware of what rights they have to deal with spouses during their cases while they are still working towards a final divorce decree. Temporary restraining orders can place important financial holds on shared banking accounts while protective orders can help spouses who have been or may be at risk of becoming victims of abuse.

Types of Court Orders

Any person can seek an order of protection if they have some kind of domestic relationship with the person the order is seeking protection from. A case needs to involve some element of domestic violence, meaning an instance of either physical abuse, harassment, intimidation, interference with personal liberty, exploitation, stalking, or willful deprivation.

When an order of protection is issued, an alleged offender will need to stay away from a person and cease all abusive behavior. An order of protection can also address certain property issues.

A financial restraining order or temporary restraining order (TRO) becomes necessary in many high-income divorces, as it allows both parties to protect their property. This option becomes more common when one spouse suspects the other will be irresponsible with shared finances.

Financial restraining orders can accomplish a number of goals, including stopping any account closures or changes, prohibiting any concealment of assets or property, and stopping any property sales or transfers. A financial restraining order can also be extremely helpful in preventing possible dissipation of marital assets, or excessive waste of marital property.

While spouses can later be held liable for the dissipation of marital assets, you can be better served avoiding the problem in the first place by preventing it altogether. A financial restraining order can also prevent any changes to beneficiary designations on a spouse’s estate planning documents.

Call Us Today to Speak with a DuPage County Divorce Attorney

Are you thinking that you might benefit from a financial restraining order, temporary restraining order (TRO), or order of protection? You will want to be sure you speak to the Hinsdale divorce lawyers at Law Office of Martoccio & Martoccio about your case to get guidance about steps to take moving forward.

Our firm will be able to evaluate all of your legal options in every situation so you can make a fully informed decision in your case. Call 630-920-8855 or contact us online to receive a free initial consultation.

Sources:

https://www.dupagecounty.gov/courtclerk/courtforms.aspx

https://www.ilga.gov/legislation/ilcs/documents/075000050k501.htm

https://www.illinoiscourts.gov/forms/approved-forms/forms-approved-forms-circuit-court/financial-affidavit/

https://www.dupagecounty.gov/CourtClerk/3363/