Emergency Protection Orders and Parenting Disputes in Cook County

Updated: Sep 4

As the Managing Attorney of Chicago Family Attorneys, I, Aaron Korson, have extensive experience in handling cases involving orders of protection within Cook County's domestic violence and domestic relations divisions. While these legal instruments are vital for ensuring safety, it's crucial to understand their appropriate use, especially concerning child custody disputes.

Orders of protection are designed to safeguard individuals from abuse or harassment. However, in child custody cases, some parents attempt to misuse emergency orders of protection to gain temporary custody advantages. Such actions can undermine the legal process and may have adverse consequences.

Many parents in child custody cases or those who are nearing a child custody case try to use emergency orders of protection to gain temporary child custody and then maintain the status quo within a case, but this is not appropriate in most cases. Most of the population does not understand when using an Emergency Order of Protection or a Plenary Order of Protection is appropriate.

At Chicago Family Attorneys, we provide dedicated, compassionate, and strategic legal services for families navigating the complexities of family law in Cook County. Under the leadership of Managing Attorney Aaron Korson, our firm has extensive experience in cases involving emergency orders of protection, especially those intertwined with child custody disputes. We understand the gravity and the sensitive nature of protection orders, having handled numerous cases in the domestic violence and domestic relations divisions within Cook County courts.

While orders of protection are essential tools designed to ensure safety, they must be used for the right reasons. Misuse or misunderstanding of these orders, especially in child custody cases, can have severe repercussions, impacting not only the individuals involved but also the ongoing relationships and overall integrity of the legal process. At Chicago Family Attorneys, we emphasize the importance of using emergency orders of protection and plenary orders of protection appropriately, understanding when and why these legal measures are applicable.

Orders of protection should never be filed to gain a temporary advantage in child custody cases. In fact, many parents seeking custody or engaging in custody disputes mistakenly believe that filing an emergency order of protection will secure temporary child custody and establish a status quo favorable to their case. However, these orders are meant solely for immediate safety concerns, not as tools to advance custody preferences. Misusing them can backfire legally and potentially harm one's credibility in court, often doing more damage than good.

If you are defending yourself in an order of protection case involving child custody, we highly encourage you to seek an attorney for your case.

Our firm is here to guide clients in understanding the proper use of orders of protection and navigating the legal process with integrity and strategy.

Misusing claims for an Emergency Order of Protection or Order of Protection can cause significant issues for any litigant in a child custody case. Most parties within a case who file for an Emergency Order of Protection believe that making a simple claim that may be significantly adverse to another party will help their case or harm the other party in some way. Just because there is a claim does not mean that a judge will prefer another party.

An Order of Protection or request for an Emergency Order of Protection must be used for the correct purpose.

Illinois courts take each order of protection that is filed very seriously, but if a continued trend occurs where repeated orders of protection that are dismissed voluntarily are filed, it opens the door for the court to believe that emergency orders of protection are being filed only for the purpose of harassment.

Continuously filing orders of protection for the purpose of child custody can be easily seen by a judge that may be overseeing your case if there is not a valid underlying reason as to why a case is being filed.

To make sure that you are filing for the right reasons, ensure that the order of protection is being filed to protect a child or yourself and that there is reasonable fear of immediate or imminent harm.

Second, make sure that your evidence is properly outlined to the court.

If you choose to move forward with an order of protection without an attorney, it is highly suggested that you show the court within your pleadings that there is a substantial risk of harm to the child or yourself.

In cases where an order of protection was filed frivolously, the opposing party may be able to seek sanctions for pleadings filed that are untruthful or inaccurate. Sanctions can come with a significant monetary punishment in these instances.

Winning an order-of-protection case does not by itself establish a right to attorney fees. Under 750 ILCS 60/214(b)(13), a court may order the respondent to pay qualifying losses directly caused by abuse, neglect or exploitation, including reasonable attorney fees. Separately, Illinois Supreme Court Rule 137 permits sanctions for filings that violate its requirements, which may include reasonable attorney fees. A sanction requires a legal basis and the court's findings, not merely an unsuccessful claim.

Attorney fees in Cook County vary with the work each case requires. Ultimately, it will be up to the judge to determine if this remedy is appropriate.

Before filing an order of protection, it is highly suggested that you speak with a licensed attorney regarding your case.

Attorney Aaron Korson of Chicago Family Attorneys works on many cases involving emergency motions, emergency orders of protection, and orders of protection that are combined with child custody issues and domestic relations matters in Cook County. To contact him or another attorney well versed in domestic violence issues and family law matters, call 312-965-5618 or book a consultation online.

Chicago Family Attorneys offers free initial consultations for people seeking to hire a lawyer.

Attorney Aaron Korson is the Managing Attorney at Chicago Family Attorneys, with . focus on family law matters, including orders of protection and child custody disputes. With extensive experience in Cook County's domestic relations divisions, he is dedicated to providing compassionate and strategic legal services to families in need.