Tag Archives: domestic abuse accusations

St. Charles order of protection defense attorneyProtective orders, also called orders of protection or restraining orders, are designed to help protect victims of abuse, stalking, or harassment from being harmed by another person. While these types of orders can be an extremely valuable legal tool for victims of domestic violence, orders of protection can also be misused. If someone has filed an order of protection, and you are named as the respondent, you may not know what to do. Read on to learn about Illinois protection orders and what your options are if you have been issued an order based on false allegations of domestic abuse.

The Basics of Illinois Orders of Protection

There are three main types of protection orders in Illinois: emergency orders of protection (EOP), interims order of protection, and plenary orders of protection. An EOP can be obtained without the alleged abuser being aware of it. EOPs last up to 21 days. A plenary order can be obtained after a hearing with a judge, and it can last up to two years. An interim protection order can be ordered for the time period in between an EOP and the hearing for a plenary order. An order of protection may prohibit you from contacting the petitioner and can require you to stay a certain distance away from the petitioner’s home or workplace. You could also be required to surrender any firearms you own.

How Should I Respond to False Allegations of Domestic Violence or Abuse?

Being falsely accused of stalking, harassment, or physical violence is a terrible ordeal to go through. However, if someone has filed an order of protection against you, and you did nothing wrong, you should still follow the directions in the protection order. This includes not calling or otherwise contacting the petitioner or going near him or her. Failure to comply with a court-ordered protection order can have serious consequences, including both civil liability and criminal penalties. You could even face large fees or jail time for not following the directions contained in an order of protection.

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Naperville defense attorney

The classification of domestic violence covers a wide range of crimes. Illinois law considers assault or battery an act of domestic violence if it is perpetrated against a:

  • Family member;
  • Spouse or former spouse;
  • Current or former roommate;
  • Co-parent, regardless of whether the parents were ever married;
  • Former boyfriend or girlfriend; or
  • Household member with disabilities or their assistant.
  • Abuse may be physical, such as hitting, choking, pushing, or entrapping, to name a few. It may also take the form of harassment and/or stalking, threatening, forcing another person to do something he or she does not want to do, or denying someone proper medical care. Charges may also be increased if any of this is done in front of a child. 

What Someone Accused of Domestic Violence Can Do

If you are accused of a violent crime, you are innocent until proven guilty. These charges are of the utmost seriousness, so it is critical you seek legal counsel as soon as possible. Your attorney can investigate the facts of your case to seek dropped or reduced charges. This includes any witnesses that can support your claim of innocence or that you acted in self-defense. During this time, do not contact your accuser, and follow the advice of your legal counsel. 

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Naperville domestic violence defense attorney, domestic violence, domestic abuse accusations, abuse charges, physical violenceDomestic abuse allegations wreak havoc on a person’s reputation. Unfortunately, the charges are sometimes fabricated by either a spouse or a child as a way of gaining authority or leverage while undermining the integrity of the accused. Sadly, the fatality rate of domestic violence is too high nationwide, leaving officers to take the side of the alleged victim. The first line of defense is to contact an attorney, because “I did not do it” does not resolve your case.

What Constitutes As Domestic Violence?

Domestic violence is an epidemic in our country. Statistics show that a woman is beaten every 15 seconds, which does not include the statistics of women abusing men. Regulations surrounding abuse charges have a broad reach encompassing a multitude of extraneous behaviors.

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