Orders of protection are scary in multiple ways. The people asking for protection from their romantic partner usually also rely on that romantic partner for financial support. One of the purposes of the Illinois Domestic Violence Act is to “address any related issues of child custody and economic support, so that victims are not trapped in abusive situations by fear of retaliation, loss of a child, financial dependence, or loss of accessible housing or services” 750 ILCS 60/102(4) The Illinois Domestic Violence Act specifically provides for child support within an order of protection. “Order for payment of support. Order respondent to pay temporary support for the petitioner or any child in the petitioner’s care or over whom the petitioner has been allocated parental responsibility, when the respondent has a legal obligation to support that person, in accordance with the Illinois Marriage and Dissolution of Marriage Act, which shall govern, among other matters, the amount of support, payment through the clerk and withholding of income to secure payment. An order for child support may be granted to a petitioner with lawful physical care of a child, or an order or agreement for physical care of a child, prior to entry of an order allocating significant decision-making responsibility. Such a support order shall expire upon entry of a valid order allocating parental responsibility differently and vacating the petitioner’s significant decision-making authority, unless otherwise provided in the order.” 750 ILCS 60/214(b)(12) “This provision [750 ILCS 60/214(b)(12)] is straightforward and unambiguous. It expressly authorizes courts entering orders of protection to order the respondent to pay temporary child support when the respondent has a ‘legal obligation to support that person.’” Martinez v. Leon, 2024 IL App (1st) 231058 In addition to child support, the Illinois Domestic Violence Act allows for a variety of other forms of support. An order of protection can also “[o]rder respondent to pay petitioner for losses suffered as a direct result of the abuse, neglect, or exploitation. Such losses shall include, but not be limited to, medical expenses, lost earnings or other support, repair or replacement of property damaged or taken, reasonable attorney’s fees, court costs and moving or other travel expenses, including additional reasonable expenses for temporary shelter and restaurant meals… If a party is entitled to seek maintenance, child support or property distribution from the other party under the Illinois Marriage and Dissolution of Marriage Act, as now or […]
