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DuPage County family law attorneys, orders of protectionIf you have a temporary order of protection issued by an Illinois court to protect your safety and that of your family, it can be terrifying to think about what the abuser may do when the designated time period expires. By its terms, a typical restraining order may last anywhere from a few weeks up to a couple of years, depending on the circumstances.

Fortunately, Illinois law does provide alternatives to letting an order of protection expire, but the process to extend or modify can be complicated. An attorney with experience in restraining orders can tell you more about the proceedings.

Types of Orders of Protection Under Illinois Law

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DuPage County divorce attorneys, restraining ordersWhen 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.

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New Illinois Gun Law Affects Those with Restraining OrdersA new law was just passed in Illinois that affects people who have restraining orders against them. The law further restricts the ability to own guns for people who have orders of protection against them or other specific domestic violence charges.

The Law

The new law goes into effect January 1, 2017. The statute lets the Illinois State Police revoke gun owners’ Firearm Owner's Identification Cards and deny someone’s application for the cards if they have certain protections filed against them. If someone has an order of protection or an order of no contact for stalking that applies to them, then they are eligible to have their ability to own firearms restricted under this new law.

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