What happens to my personal property when I get an emergency order?
If the judge believes that the abuser will take/destroy your personal property if s/he were given prior notice of your petition for the order of protection, the judge can give you possession of personal property that you own alone or that you and the abuser own jointly. This does not affect the title (ownership) of the property, however.1
To get possession of shared property that you co-own with the abuser, the judge must believe that:
- sharing the property would put you at risk of abuse or it is impracticable to share it; and
- when balancing the hardship to both parties, it favors you getting the property.2
Note: If you only want to receive possession of joint marital property, the judge may give you temporary possession only if a proper proceeding has been filed under the Illinois Marriage and Dissolution of Marriage Act.2 For more information on this, you may want to consult with a lawyer. Go to our IL Finding a Lawyer page for more info.
1 750 ILCS 60/214(b)(2)
2 750 ILCS 60/214(b)(10)