Question regarding divorce--help!

[momma02]

What is the name of your state? IL
I left my husband 2 weeks ago. We have 2 children (7 and 4). At the time I left I filed an order of protection against him due to his mental illness and also allowing me to take the children out of state to my parents where we are staying. The order expires next week, I have to go back to court to file an extension. According to my lawyer the judge may not renew the order (due to lack of physical evidence). He also informed me that if the order is renewed it stays on my husbands record--possibly affecting future job applications. My husband has a great job and just finished his Masters degree plus my children will be dependant on him having a decent job (child support) Can I go to court next week, drop the order of protection, file for divorce and file a petition allowing the kids and I to stay out of state? I have already enrolled the children in school here and they are very happy. They do not want to go back home. And then get a restraining order protecting me--(he has been abusive in the past along with threats to kill me). We are only 2 hours from home here at my parents house. Please advise.....thanks so much..

 

[LdiJ]

What is the name of your state? IL
I left my husband 2 weeks ago. We have 2 children (7 and 4). At the time I left I filed an order of protection against him due to his mental illness and also allowing me to take the children out of state to my parents where we are staying. The order expires next week, I have to go back to court to file an extension. According to my lawyer the judge may not renew the order (due to lack of physical evidence). He also informed me that if the order is renewed it stays on my husbands record--possibly affecting future job applications. My husband has a great job and just finished his Masters degree plus my children will be dependant on him having a decent job (child support) Can I go to court next week, drop the order of protection, file for divorce and file a petition allowing the kids and I to stay out of state? I have already enrolled the children in school here and they are very happy. They do not want to go back home. And then get a restraining order protecting me--(he has been abusive in the past along with threats to kill me). We are only 2 hours from home here at my parents house. Please advise.....thanks so much..

If you drop the order of protection, then the judge may believe that you aren't really scared of him, and that you don't really need to live in another city.

 

[Gracie3787]

What is the name of your state? IL
I left my husband 2 weeks ago. We have 2 children (7 and 4). At the time I left I filed an order of protection against him due to his mental illness and also allowing me to take the children out of state to my parents where we are staying. The order expires next week, I have to go back to court to file an extension. According to my lawyer the judge may not renew the order (due to lack of physical evidence). He also informed me that if the order is renewed it stays on my husbands record--possibly affecting future job applications. My husband has a great job and just finished his Masters degree plus my children will be dependant on him having a decent job (child support) Can I go to court next week, drop the order of protection, file for divorce and file a petition allowing the kids and I to stay out of state? I have already enrolled the children in school here and they are very happy. They do not want to go back home. And then get a restraining order protecting me--(he has been abusive in the past along with threats to kill me). We are only 2 hours from home here at my parents house. Please advise.....thanks so much..

I agree with LdiJ and would like to add that you need to decide which is more important to you- your fear of him or your need for CS. If you are really that scared of him then part of protecting yourself might affect his ability for better income and that will have to be accepted as part of protecting yourself from physical harm. It might help also for you to keep in mind that if his mental illness is evere enough to cause fear, it could also become severe enough to prevent him from working. Good luck.
Gracie