Domestic Violence & Orders of Protection

Protecting Your Safety: Domestic Violence & Orders of Protection

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DOMESTIC VIOLENCE • ORDERS OF PROTECTION • STALKING • SAFETY • MISSOURI + ILLINOIS

Domestic Violence & Orders of Protection

Whether you need protection—or you’ve been accused—these cases move fast and the consequences are serious. Court orders can impact where you live, how you communicate, parenting time, and may create criminal exposure if an alleged violation occurs. This page is a plain-language guide to how Illinois and Missouri protection orders typically work, what they can include, and what to do next.

If you are in immediate danger, call 911. For confidential support: National Domestic Violence Hotline 800-799-7233 (or text START to 88788).

Protection Against Domestic Violence—and Guidance in Unjust Accusations

In Illinois, the Illinois Domestic Violence Act provides protections for abuse and harassment among “family or household members,” including spouses/former spouses, people who share a home, dating partners, and certain relatives, and it can apply in situations involving vulnerable adults. Missouri has comparable protections through its protection order statutes.

Why these cases feel urgent

Courts can enter temporary orders quickly when safety is at issue. That first order may be entered before the other party has an opportunity to present evidence—so the follow-up hearing matters. The goal is a result that is safe, workable, and enforceable.

Family law + criminal consequences

A protection order can influence divorce and custody outcomes—and a violation allegation can become criminal. If an order is in place, the safest approach is strict compliance and a clear legal strategy.

Bottom line
Whether you’re seeking protection or defending yourself: document clearly, avoid escalation, follow any order exactly, and prepare carefully for the hearing.

Types of Orders & Typical Timeline

The concept is similar in both states: an immediate temporary stage, then longer protection after notice and a hearing. The terminology and duration rules differ.

ILLINOIS

Orders of Protection (Illinois)

  • Emergency Order of Protection: typically effective for 14–21 days. 750 ILCS 60/220(a)(1)
  • Interim Order of Protection: effective for up to 30 days. 750 ILCS 60/220(a)(2)
  • Plenary Order of Protection: generally entered after an evidentiary hearing; valid for a fixed period not exceeding 2 years (and can be extended in appropriate circumstances). 750 ILCS 60/220(b)
Illinois also has a separate Stalking No Contact Order Act for certain situations. (See Stalking section below.)
MISSOURI

Orders of Protection (Missouri)

  • Ex Parte Order (temporary): may be issued quickly for immediate danger, typically lasting until the scheduled hearing for a full order. (Hearing timing depends on the court and service.)
  • Full Order of Protection: entered after a hearing where evidence is presented. Missouri statute also addresses renewal and modification considerations. RSMo § 455.040
  • Relief available: can include no-contact provisions, residence restrictions, and child-related terms in appropriate cases. RSMo § 455.050
Missouri procedure and duration can vary by county/circuit and the facts of the case. If you’ve been served, treat the hearing date as urgent.
Court rules and scheduling vary. If you have a hearing date, missing court can lead to longer-term orders being entered without your side being heard.

What an Order of Protection Can Include

Orders can be broad. The court’s goal is to prevent escalation and reduce risk—especially when children are involved.

No Contact
Restrictions on calls, texts, email, social media, and third-party contact.
Stay-Away Zones
Distance requirements and restricted locations (home, work, school, childcare).
Exclusive Possession
Temporary decisions about who can remain in the home, sometimes with law enforcement assistance.
Temporary Parenting Terms
Rules on parenting time, exchanges, and permitted communication methods.
Safety-Focused Conditions
Provisions tailored to the facts: supervised exchanges, protected drop-offs, etc.
Enforcement
Violations can be criminal. Follow the order until a court modifies it.

If You Need Protection

Courts respond best to clear facts and credible documentation. The strongest cases are specific, organized, and focused on safety.

What to document (if safe to do so)

  • Specific incidents with dates/times and what happened (words/actions)
  • Photos of injuries or damage (when applicable)
  • Police reports, medical records, witness information
  • Texts/emails/voicemails/social messages (saved and unedited)
  • Child-related concerns (threats, unsafe exchanges, school issues)

What you can ask the court for

Common requests include no-contact and stay-away provisions, exclusive possession of the residence, protected exchanges, and temporary parenting terms. The best orders are not just “strong”—they’re clear, realistic, and enforceable.

A court order is a legal tool—not a complete safety plan. Advocacy resources can help with safety planning and support services.
Our focus
We work to present the strongest possible evidence and seek terms that protect you and your children without creating confusion that leads to repeated court involvement.

If You’ve Been Accused or Served With an Order

If the allegations are false, exaggerated, or taken out of context, the worst move is reacting emotionally. The best move is compliance + preparation.

Read every line of the order
Know the exact restrictions: contact, distance, locations, third-party communications, child exchanges.
Do not contact the petitioner
Even “one message” can become a violation allegation. If exceptions exist, follow them precisely.
Preserve evidence immediately
Save texts/emails, call logs, photos, witness info—unaltered and organized.
Show up to court prepared
Missing the hearing can lead to longer-term orders without your evidence being considered.
Avoid “explaining” by text
Messages often get screen-captured and misread. Let your case be made in the right forum.
Think long-term
Protection orders can affect custody/divorce strategy. A coordinated plan reduces collateral damage.
Violations can be criminal
If you need changes for parenting exchanges or logistics, seek a court-approved modification—don’t improvise.

Children, Parenting Time, and Protected Exchanges

Orders of Protection can include temporary child-related provisions. The court typically prioritizes safety while aiming to reduce conflict and confusion.

COMMON PROVISIONS

How courts structure safer exchanges

  • Designated public exchange locations (or police station exchanges where appropriate)
  • Third-party exchanges (only when allowed by the order)
  • Limited communication channels (written only / parenting app / attorney-to-attorney)
  • Clear schedules and “no-surprise” terms to reduce contact
WHY DETAILS MATTER

Vague orders create accidental violations

If an order is unclear about exchanges, school events, or permitted communication, people make mistakes—and mistakes become allegations. We aim for terms that can be followed without guesswork.

Stalking & No-Contact Protections

Some cases involve stalking/harassment that may not fit a traditional “family or household” relationship category. Illinois has a separate Stalking No Contact Order Act.

ILLINOIS

Stalking No Contact Order (Illinois)

  • Available for certain stalking behaviors and harassment patterns.
  • Can include no-contact and stay-away restrictions similar to Orders of Protection.
  • Statute: 740 ILCS 21
MISSOURI

Stalking-related protection (Missouri)

  • Missouri’s protection order framework can address stalking-related conduct depending on statutory fit and facts.
  • Clear evidence and workable terms remain critical—especially with child exchanges and communication restrictions.

Missouri vs. Illinois: Key Similarities & Differences

Both states prioritize safety and allow rapid, temporary protection. The differences are largely about procedure, terminology, and timelines.

Terminology
Illinois: Emergency / Interim / Plenary. Missouri: Ex Parte (temporary) / Full order.
Duration rules
Illinois statutes specify 14–21 days (Emergency), up to 30 days (Interim), up to 2 years (Plenary).
The hearing is the pivot point
Longer-term orders usually require a hearing with evidence. Preparation and credibility matter.
Custody impact
Orders may affect temporary parenting time, exchanges, and the posture of a divorce/custody case.
Enforcement
Violations can be criminal. Strict compliance protects you while the case is pending.
Workability matters
Clear rules reduce conflict and accidental violations—especially around kids and communication.
How Besserman Law helps
We handle these matters with urgency, discretion, and detail—seeking meaningful protection when needed and defending against unjust accusations with a strategy that prioritizes compliance, evidence, and long-term family law consequences.

Quick Questions

Straight answers to the most common questions people have about protection order cases.

Can an order be issued without the other person present?
Often, yes. Temporary/emergency orders may be entered quickly in urgent situations. Longer-term orders generally require notice and a hearing.
Can an Order of Protection include the children?
It can. Courts may include temporary parenting provisions and exchange restrictions depending on the facts and safety concerns.
What if the accusations are false or exaggerated?
Comply with the order, preserve evidence, avoid contact, and prepare for the hearing. Calm compliance and organized proof are typically more effective than reactive communication.
Is violating an order a big deal?
Yes. Violations can lead to arrest and criminal charges and can affect custody and divorce outcomes. Follow the order until a court modifies it.
Is there a consultation fee?
There may be a small initial consultation fee, but any unused portion of time may be credited toward your required advanced deposit to engage, if you engage the firm. Ask our team for current details when scheduling. This content is for general information only and is not legal advice.

When safety—or your reputation—is on the line, clarity matters.

If you need protection or you’ve been served with an Order of Protection in Missouri or Illinois, we can help you understand your options, prepare for court, and move forward with a clear plan.

This page provides general information as of 2026 and is not legal advice. Laws, court rules, and procedures can change and may vary by county/circuit. If you are in immediate danger, call 911. For confidential support, call 800-799-7233 or text START to 88788.

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Our offices in Missouri and Illinois are conveniently located. Divorce laws differ according to the jurisdiction. Having in-depth knowledge of the local statutes in their region, our attorneys are prepared to assist you in dealing with any family law issue.
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To begin the divorce, custody, or family law process, you must first schedule an initial consultation with one of our attorneys. This meeting gives you the opportunity to ask your most pressing questions, understand your legal options, and determine the best path forward based on your unique situation.

There may be a small initial consultation fee; however, any unused portion of time may be credited toward your required advance deposit to engage the firm, if you choose to retain Besserman Law. Ask our team for current details when scheduling.

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Frequently Ask Questions (FAQ) of Divorce

Do we Need To Wait Before we File for a No-Fault Divorce?

Not always. In the case, you as well as your spouse, have lived apart for a continuous period of at least six months before admission of the divorce judgment, the two-year separation requirement could be waived, but only if you both consent in writing to do this. In case the two of you cannot consent, then you will have to satisfy the 2-year condition.

Do you know the Important Legal Problems in a Divorce?

The important problems that commonly come up in divorce cases are property division, child custody and visitation, child support, and alimony. Partners can enter into an agreement, property settlement agreement or divorce agreement, to resolve all or a number of the problems presented by their divorce case. This agreement, and, in particular, any arrangements regarding child custody and child support, will need court acceptance. They will have to fight it out in court where a judge will determine for them under the principles of Illinois law if spouses can not agree on any of the problems.

What’s a Legal Separation?

If you are living separate and apart from your spouse, you can petition a court to allow you a legal separation and fair support or alimony. Either spouse will not be prevented by a ruling for legal separation from filing for divorce after. 

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FAMILY LAW • DIVORCE • CUSTODY • SUPPORT

Family Law FAQs — Organized by State

These frequently asked questions cover common divorce and family law issues in Missouri and Illinois. Each question is clearly labeled by state so updates remain easy to track over time. This page is general educational information and not legal advice.

Laws and outcomes vary. Talk with an attorney to understand options for your specific facts and jurisdiction.

Divorce Basics

Filing, no-fault rules, timing, and separation requirements—labeled by state.

MISSOURI How do I file for divorce in Missouri?
To file for divorce in Missouri, at least one spouse must have lived in Missouri for 90 days before filing. Divorce cases are filed in the circuit court of the county where either spouse resides.
MISSOURI Is Missouri a no-fault divorce state?
Yes. Missouri is a no-fault state. You do not have to prove adultery, abuse, or wrongdoing—only that the marriage is “irretrievably broken.”
MISSOURI How long does a divorce take in Missouri?
Missouri has a minimum 30-day waiting period, but most divorces take 3–12 months, depending on custody disputes, property issues, and court schedules.
MISSOURI Do I need my spouse’s permission to get divorced?
No. One spouse can file for divorce even if the other objects.
ILLINOIS How do I file for divorce in Illinois?
One spouse must have lived in Illinois for at least 90 days before filing. Cases are filed in the circuit court of the appropriate county.
ILLINOIS Is Illinois a no-fault divorce state?
Yes. Illinois only allows no-fault divorce based on irreconcilable differences.
ILLINOIS How long does a divorce take in Illinois?
Uncontested divorces can be finalized in as little as a few months, while contested cases often take 9–18 months.
ILLINOIS Do we have to be separated before divorcing?
Illinois law presumes irreconcilable differences if spouses have lived apart for 6 months, but the court's no longer require an affidavit of living separately for any length of time.

Property & Finances

Equitable distribution, the house, retirement accounts, and maintenance/alimony.

MISSOURI Is Missouri a community property state?
No. Missouri follows equitable distribution, meaning marital property is divided fairly—not necessarily 50/50.
MISSOURI What counts as marital property in Missouri?
Generally, assets acquired during the marriage—including income, retirement accounts, and real estate—are marital property, regardless of whose name is on them.
MISSOURI Who gets the house in a Missouri divorce?
There’s no automatic rule. Courts consider factors like financial contributions, custody arrangements, and each spouse’s ability to maintain the home.
MISSOURI Will I have to pay spousal maintenance (alimony)?
Possibly. Missouri courts look at need, ability to pay, length of marriage, and earning capacity. Maintenance can be temporary or long-term.
ILLINOIS Is Illinois a community property state?
No. Illinois follows equitable distribution, not automatic 50/50 division.
ILLINOIS What is considered marital property in Illinois?
Most assets and debts acquired during the marriage, regardless of title.
ILLINOIS How are retirement accounts divided?
Often through a Qualified Domestic Relations Order (QDRO)—errors here can be extremely expensive.
ILLINOIS Will I receive or pay maintenance (alimony)?
Illinois uses statutory guidelines based on income, marriage length, and financial need, though courts may deviate.

Child Custody & Support

Best-interest standards, parenting time, and how support is calculated.

MISSOURI How is child custody decided in Missouri?
Custody decisions are based on the best interests of the child, considering stability, parental involvement, and the child’s needs.
MISSOURI Does Missouri favor mothers in custody cases?
No. Missouri law is gender-neutral. Courts often favor arrangements that allow frequent and meaningful contact with both parents.
MISSOURI What types of custody exist in Missouri?
  • Legal custody (decision-making)
  • Physical custody (where the child lives)
Both can be joint or sole.
MISSOURI How is child support calculated?
Missouri uses Form 14, which considers income, parenting time, healthcare costs, and childcare expenses.
ILLINOIS Does Illinois still use the term “custody”?
No. Illinois now uses allocation of parental responsibilities and parenting time.
ILLINOIS How does Illinois decide parenting time?
Based on the best interests of the child, including stability, cooperation, and each parent’s involvement.
ILLINOIS Can a child choose which parent to live with?
A child’s wishes may be considered, but no child decides custody outright.
ILLINOIS What happens if one parent violates the parenting schedule?
Courts can impose fines, modify parenting time, or hold the parent in contempt.
ILLINOIS How is child support calculated in Illinois?
Illinois may use an income shared model, considering both parents’ income and time with the child based on overnights.
ILLINOIS Does parenting time affect child support?
Yes. Overnights and shared parenting significantly impact calculations.
ILLINOIS Can child support be modified?
Yes, if there’s a substantial change in circumstances (job loss, income change, medical issues).

Special & High-Conflict Issues

Pregnancy, hidden assets, relocation, domestic violence, and enforcement.

MISSOURI Can I get divorced while pregnant in Missouri?
Yes, but courts may delay final custody decisions until after birth.
MISSOURI What if my spouse is hiding assets?
Courts can impose penalties, reopen judgments, and award additional property if concealment is proven.
MISSOURI Can I move out with my children during a divorce?
This can seriously impact custody. Always talk to an attorney before relocating.
MISSOURI Do I need a lawyer for an uncontested divorce?
Legally no—but mistakes can be costly and irreversible, especially with property and custody.
ILLINOIS What if there is domestic violence?
Illinois courts can issue Orders of Protection immediately and prioritize safety.
ILLINOIS Can I move out of state with my child after divorce?
Relocation may require court approval or parental agreement depending upon the mileage involved.
ILLINOIS What if my spouse won’t cooperate?
Courts can compel disclosure, enforce deadlines, and impose sanctions.
ILLINOIS Do I really need a lawyer if we “agree on everything”?
Many people think they agree—until tax consequences, retirement, or future enforcement becomes an issue.

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Disclaimer: The information on this website is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this website. Legal outcomes depend on the facts of each case. Consult a licensed attorney for legal advice regarding your specific situation.
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