Restraining Orders Regarding Property in an Illinois Divorce

 Posted on April 10, 2017 in Domestic Violence

When you hear the term “restraining order,” you often think of a domestic situation where a victim goes to court to prevent an abuser from engaging in acts of violence. However, Illinois law also provides for restraining orders that relate to property in a divorce, which are used to safeguard assets during the proceedings. Without a valid order in place, one spouse may be tempted to empty bank accounts, transfer real estate, sell off certain personal items, or take other actions to impact an equitable distribution of property. An Illinois attorney can tell you more about restraining orders as they relate to property in a divorce, but some general information should be helpful.

Petition for Temporary Restraining Order

Either spouse may file a petition with the court to restrict the other from disposing of property, except where it is required in the usual course of business such as cost of living expenses. Prohibition on transferring, selling, concealing, and encumbering assets are included in this type of order. The petition must be supported by an affidavit, which is a sworn statement attesting to the facts contained in the document.

• Notice Not Required: It is not necessary for the petitioner to provide notice of the petition under certain circumstances. In the affidavit, you may allege that irreparable harm will occur if the other spouse is given notice—such as selling an asset in an irreversible transaction before you get your day in court.

• Penalties for a Misleading Affidavit: Because it is a sworn statement, any dishonesty or misleading information provided in the affidavit is punishable under Illinois law. If you attest to inaccurate financial data—whether intentionally or through reckless disregard of the truth—penalties may include an order directing you to pay attorney’s fees to your spouse, or other consequences.

Response to the Petition

Your spouse is allowed 21 days after receiving your motion to respond to the allegations contained within the petition or affidavit, contesting the allegations and/or facts. Even once the court issues a temporary restraining order regarding property, the order is subject to change as your divorce case proceeds.

Consult with an Illinois Divorce Attorney About Restraining Orders

In a divorce case, one spouse may act out of spite in selling off marital assets, whether to cause an equitable division of property or to impact a spousal support order. Restraining orders related to property are intended to prevent this type of situation, and severe penalties may result from non-compliance. If your spouse has transferred property or you believe there is a risk, please contact Davi Law Group, LLC right away. Our passionate DuPage County divorce attorneys can assist you with a Petition for a Temporary Restraining Order to ensure protection of your assets and other divorce-related matters.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000