Domestic Abuse, Orders of Protection, and Your Family Law Case

 Posted on September 14, 2016 in Domestic Violence

While lawmakers and advocates alike have mounted massive public awareness campaigns and strengthened existing state laws concerning domestic violence, this issue remains problematic today. Domestic violence is an issue that often appears in divorces, child custody cases and other types of family law proceedings. Furthermore, false allegations of domestic violence, which are not uncommon in bitter family law or divorce cases, can damage one’s reputation and livelihood. Fortunately, for cases of true domestic abuse, there are several avenues of relief on both the criminal and civil sides of the law. One of the most common tools used to combat domestic abuse is the order of protection.

What is an Order of Protection?

An order of protection is a legal court order that requires an individual stay away from you and/or your children. In emergency cases, a court can issue a temporary order of protection the same day that you request it. A temporary order can remain effective for up to 21 days. In order to obtain a more permanent order of protection, however, you must attend a hearing, at which both you and the other individual can present evidence to the judge. After hearing evidence from both sides, the judge can issue an order of protection that lasts for up to two years. Violation of either a temporary or regular order of protection is extremely serious, and can result in criminal charges against the individual who violates the order.

What Actions Qualify as Domestic Abuse?

Domestic violence can take on a number of different forms. Under Illinois law, there is a relatively broad definition of domestic abuse that encompasses actions such as harassment, intimidation, stalking, physical violence, and interference with a person’s autonomy. This kind of behavior, however, is only considered domestic abuse if occurs between certain statutorily defined parties. These individuals include the following:

• Current or former spouses;
• Current or former romantic partners;
• Parents and children;
• Parents who share a child;
• Siblings; and
• Live-in caregivers and their patients.

Call Your Arlington Heights Domestic Violence Attorney Today

At the Law Office of Nicholas W. Richardson, P.C., Attorney Richardson helps you navigate through your divorce or family law case. He knows that divorces and other family law matters that implicate domestic violence issues can be even more emotional and difficult than cases in which domestic violence isn’t present. He also knows how dangerous domestic violence can be for you and your family. His goal is to make the court proceedings easier for you by protecting your rights, advocating on your behalf and resolving your case in the most efficient, positive, and safe manner possible. Allow Attorney Richardson, a Palatine domestic violence lawyer, to handle your legal needs, while you focus on your next steps in life.

Resource:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000