Legal Question in Family Law in Illinois

Restraining order or order of protection

Which can I file in Illinois? My ex-husband won't stop bothering me about who my Daughter and I are with and where we are at all times. He is jealous of my Daughter around my boyfriend and is acting paranoid. I offered for him to meet him, but won't agree too. He calls to talk to my Daughter every night at 7:30pm and gets irate if I don't answer right away and accusing me of not giving him access to our Daughter. I don't answer when I'm busy. Do I have to give him access by phone every day when he has visitation every Tues, Thur and every other weekend? I always give him more time also, but still accuses me of keeping her from him. Can it hurt me to give him extra time more than the papers say? He doesn't appreciate the extra time b/c he thinks he lost time from her since the divorce 2 years ago and he isn't gaining time. He still feels bitter and hasn't come to terms that he can't see her everyday anymore. Now if he doesn't get extra time above what the custody papers say, he gets angry and questions if I'm making bad decisions and taking our Daughter somewhere. Is it okay to have my Daughter and I spend the night at my bf's as long as I sleep in a different room from him? Can he stay at our house? HELP!


Asked on 4/15/08, 7:11 pm

1 Answer from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: Restraining order or order of protection

Likely an Order of Protection. I think I wonder if what you've described reaches the level where you'd be entitled to an OP. Assuming no physical abuse, the standard is harassment which can be strictly phone calls but it has to be severe and usually to where someone works, ect. Frankly I think the solution is to somehow screen or not answer his calls. Many divorce judgments do say the non-residential parent is entitled to speak by phone with children but I think it would depend on the language...why don't you just let your daughter answer the phone at 730pm when he calls?

In terms of boyfriend, unless your divorce judgment says something specific outlawing that, I think you're free to sort of do what you want. Though I would error on the side of being conservative about maybe not living together or waiting until you're engaged or something like that.

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Answered on 4/16/08, 10:08 am


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