Legal Question in Family Law in Illinois

order of protection/divorce

my soon to be ex filed for divorce and an op against me for abuse towards our 13 yrs daughter. an isolated incident were i slapped and pulled her hair when she was out of control and screaming and being disrespecful toward me, i back some her things and took her to his place. he immediately took advantage of the situation and made it a much bigger deal and sent the police over to my house, the police didn't arrest, just took my version and made a report.

now i have a court date in july for the op and divorce pending. do you think i will loose custody of my daughter?


Asked on 6/25/08, 4:47 pm

1 Answer from Attorneys

John Steele Steele Law Firm

Re: order of protection/divorce

Representing parties on both sides of this right now, I can assure you of a couple of things. First, and most importantly, you do not want to allow that OFP to be granted. You are in big trouble if you do. And custody will be much harder to get. Second, you need to not make any statements to anyone other than your attorney about past incidents, including any hitting. Third, come to the realization that Divorce is a battle (at least in your case) and you cannot give ammunition to your spouse. You obviously do not have an attorney, as any good family lawyer would never have let you bring the child over to the other parent like that.

If you try to do this yourself, between the OFP, and an acrimonious divorce, you are not going to like the result. I know I am biased as an attorney, but the court dockets are filled with post decree cases (thats when people like you go back to fight the divorce judgment because they got a bad result during the original divorce).

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Answered on 6/26/08, 11:27 pm


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