The Illinois Domestic Violence Act (the “Order of Protection Act”) 750 ILCS 60/101, et seq. 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.
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, have dated, certain persons with disabilities, 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.
The Order of Protection Act provides for various remedies to victims of abuse in addition to prohibiting the abuser from continuing to abuse the victim. These other forms of remedies can include measures such as granting exclusive possession of the residence and/or automobile to the victim, ordering the abuser to stay away from the victim, mandating counseling, awarding temporary custody and visitation of the children, and awarding spousal maintenance.
When domestic violence has occurred, the stakes are high. If you are the victim of abuse, you have rights. You need to act quickly to protect yourself and your loved ones. You need the assistance of a knowledgeable attorney. There is where we help.
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, 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 your 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.
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 issue you 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, child custody) and argue your case to the court.
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 would like to read more about domestic abuse issues, please click on any of the following links:
If you have a Domestic Violence or Order of Protection issue, please contact me so that I can learn about your matter.