What to do if Your Spouse Gets a Protection Order During Divorce

 Posted on August 11, 2022 in Divorce / Family Law

It is not uncommon at all for one spouse to seek a protection order during a contentious or high-conflict divorce. Even knowing this, you may be taken by surprise when someone from the sheriff’s department shows up and hands you a stack of papers saying that your spouse has been granted an emergency protection order against you. When you get this initial pile of paperwork, you might be shocked and upset. It is important to understand what being served with a protection order means and what to do if this happens to you. Usually, there will be a hearing held about a week to ten days after you are served with the protection order. At the hearing, you will have the opportunity to challenge the protection order. At this hearing, it is important that you are represented by an attorney if you are not already.

What Does Getting Served With an Ex Parte Protection Order Mean?

“Ex parte” just means that the court took action while one of the parties involved was not present. If you have been served an ex parte order of protection, it means that your spouse went to court without you and told a judge or magistrate that they are in immediate danger of domestic violence and need emergency protection from you.

At most ex parte protection order hearings, the court will grant an emergency restraining order that takes effect as soon as you are served. However, they will schedule a second, full hearing. You have the right to be present at this hearing and represented by an attorney. At this hearing, both sides can present evidence and call witnesses. Your spouse will have to prove that you are a danger to them in some way. You should have an attorney there to defend you against these allegations.

Steps to Take in the Meantime

Until the hearing, you should: 

• Obey the order - Protection orders have the force of law - you could be arrested and charged with a crime if you violate the terms of the order. If you were still living with your spouse, do not go back home except with a police escort to collect your things.

• No indirect contact - Any attempts to violate the no contact provisions in a roundabout way could be treated as a violation and land you in jail. This means do not make a social media post addressing your spouse, do not ask a friend to pass along a message, and do not even tell your kids to tell their other parent anything for you.

• Collect evidence - While it is impossible to prove that you have never abused your spouse, any evidence suggesting that their allegations are false could help. A neighbor who could testify that they have never heard any signs of domestic violence taking place, for example, could be helpful.

While being served with a protection order can be frightening and deeply unpleasant, it does not always lead to a permanent order. An attorney can help you fight back.

Get Help From a Kane County Divorce Attorney

If your spouse has served you with an ex parte protection order, Loire Krajniak Law, LLC can represent you at the full hearing. Our skilled Geneva family lawyers will help you fight back against the damaging accusations that led to the emergency order. Call us at 630-448-2406 for a free consultation.