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Rockford Divorce Lawyer James Teeter

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Protection Order Lawyer & Domestic Violence Attorney

Domestic violence is a criminal activity under Illinois Domestic Violence law. This means that anyone who physically assaults (e.g., hits, chokes, kicks, etc.), threatens, harasses, or interferes with the personal liberty of a spouse or other household member has broken the law.

This protection extends to the following household members:

  • Biological family members;
  • People who are married or used to be married;
  • Individuals who share a home, apartment, or another common dwelling;
  • Those who have or allegedly have a child in common (or a blood relationship through a common child);
  • People who used to date, are dating, or are engaged (including same-sex couples); and
  • Disabled individuals and their personal assistants.[1]

If you have been the victim of domestic abuse or harassment and would like to learn more about your options for pursuing an Order of Protection, I invite you to call our office to schedule a free, confidential consultation.

[1] Illinois Domestic Violence Act, Illinois Attorney General

Orders of Protection FAQs

The Illinois Domestic Violence Act (the “Order of Protection Act”)[1] recognizes domestic violence as a serious crime.  This Act provides victims of domestic abuse protection through Orders of Protection, which are court orders prohibiting the abuser from continuing prohibited forms of abuse.

Other forms of relief can also be ordered by the court. For example, an order of protection may:

  • Bar an abuser from a shared residence;
  • Bar an abuser while they are under the influence of drugs or alcohol;
  • Award temporary custody of a child;
  • Order a perpetrator to stay away from a workplace, school, or other location;
  • Require counseling;
  • Prohibit an abuser from hiding a child or taking them out of state;
  • Require an abuser to attend court;
  • Bar an abuser from damaging, destroying, or selling certain property;
  • Require an individual to pay support and/or counseling for minor children,
  • Require an individual to pay for losses suffered due to abuse;
  • Require an abuser to surrender weapons to local law enforcement; or
  • Mandate other actions to protect household members from domestic violence and abuse.[2]

[1] 750 ILCS 60/101, et seq.

[2] Id.

The Order of Protection Act provides protection to “family and household members” who include not only spouses and former spouses but also persons who share a residence, former dating partners, certain persons with disabilities, children, and other persons.

The Order of Protection Act not only prohibits physical violence but other forms of abuse. In addition to physical abuse, the Act defines abuse to include actions such as harassment, intimidation of a dependent, interference with personal liberty, and willful deprivation.

Violating an Order of Protection is a criminal offense in Illinois. If an individual violates an order of protection, he or she could be charged with a Class A misdemeanor, serve up to 364 days in jail, and pay a $25 fine.

If an order of protection is violated a second time, the individual can be charged with a felony and must be sentenced to twenty-four hours of incarceration, in addition to paying an increased fine.

To obtain an order of protection, an individual can:

  • Consult with an experienced protection order lawyer who can file in civil court;
  • Request an order with a divorce;
  • Request an order during a criminal trial;
  • Obtain paperwork to seek an order of protection through the local circuit court; or
  • Contact a local domestic violence organization to ask for assistance in obtaining protection.[1]

[1] Illinois Domestic Violence Act, Illinois Attorney General

Get Help Now!

According to the CDC, one in four women and one in seven men experience severe physical violence from an intimate partner during their lifetime.[1] When domestic violence has occurred, the stakes are high. If you are the victim of abuse, you have rights.

If you are being abused or harassed and would like to pursue legal protection, we invite you to call our office to schedule a free, confidential consultation. You need to act quickly to protect yourself and your loved ones, and you can benefit from the assistance of a knowledgeable protection order attorney. This is where we help.

How We Help with Domestic Violence and Orders of Protection in Illinois

Whenever your physical and mental well-being is at risk, you must act promptly. We can help reduce your stress by taking on the full responsibility for handling any domestic violence or Order of Protection issues you may have. We will act swiftly to seek the protection you need, or equally promptly to protect your rights if you have been wrongfully accused.

If you are the victim of domestic violence, we will take all the necessary steps to seek both Temporary and Permanent Orders of Protection for you. We will also listen for the exact remedies you are seeking (such as spousal support and child custody) and argue your case to the court.

What Can I Do If My Ex-Spouse Falsely Accuses Me of Domestic Abuse?

If you find yourself subject to an Emergency Order of Protection as an alleged abuser and are being falsely accused, you have rights that need to be protected and require prompt legal action by a knowledgeable attorney.  Orders of Protection can and are abused in connection with divorce proceedings, typically when the alleged victim seeks to get the upper hand.

Don’t be the victim of false allegations. Not only can there be serious financial, child custody, and spousal support ramifications from an Order of Protection, but additionally, other rights are at stake (including the right to have a FOID Card (firearms card)).

Orders of Protection can also affect your career and record.  If you have been falsely accused, you must fight back; if you do not, these allegations can be deemed to be admitted in other aspects of divorce and custody proceedings.

If you are wrongfully accused of domestic violence, we will act swiftly to protect your rights and reputation. Time is of the essence when finding you have been served with a Temporary Order of Protection. We can act quickly and seek to have a wrongfully issued Order of Protection vacated. If you have a Domestic Violence or Order of Protection issue, please contact Rockford Family Law to schedule a free consultation.

Further Reading

If you would like to read more about domestic abuse issues, please visit our Order of Protection Resources page.

[1] Fast Facts: Preventing Intimate Partner Violence, Centers for Disease Control

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We’re sorry, we are not a Pro Bono or Legal Aid office. This is a free no-obligation phone consultation, but we do charge for our services, if you decide to hire our Attorney.

Submission of information through the contact form does not create an attorney-client relationship, so please do not submit any confidential information. If we are to serve as your attorneys, all fees and the nature of our representation will be set forth in a written agreement.

$199 CONSULTATION

Your 1st Hour for $275 – ONLY $199.00, PLUS 30-Minutes FREE (1.5 Hours) with No-Obligation
In-Depth Discussion of Your Specific Situation and Potential Strategy for Your Success

Type of Case:*
Illinois County:*

Submission of information through the contact form does not create an attorney-client relationship, so please do not submit any confidential information. If we are to serve as your attorneys, all fees and the nature of our representation will be set forth in a written agreement.