Tag Archives: order of protection

St. Charles domestic violence defense attorney

Orders of protection are legally enforceable court orders that require a person to refrain from contacting certain individuals or being near designated locations. These orders are intended to protect victims of abuse, domestic violence, or stalking. However, protective orders are also vulnerable to being misused. Being the subject of an order of protection, sometimes called a restraining order, can be a confusing and embarrassing situation to handle. If you have recently learned that someone has filed an order of protection against you in Illinois, you may be completely unsure of how to respond. However, it is crucial that you take certain actions to protect yourself and avoid making the situation worse–even if the protective order is unjustified.   

Follow the Directives in the Order

Orders of protection can contain many different types of provisions. The protection order may require you to stay a certain distance away from the petitioner (the person who requested the protection order), as well as his or her home and workplace. You may be prohibited from calling, texting, or otherwise communicating with the petitioner. The order may even contain a requirement that you move out of your home.

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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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St. Charles domestic abuse defense lawyer

When people hear the term “domestic abuse” their thoughts immediately turn to physical injuries that are purposefully inflicted on someone by a partner or another member of the household. However, domestic violence can take a psychological form, and verbal or emotional abuse can turn to physical harm. Illinois law defines domestic violence as one member of a household choking, hitting, pinching, or causing injury to another member of the home purposefully. The action can happen out of rage or just to control the other person. It is important to understand what the law considers abuse and its consequences in the event you or someone you know is charged with domestic violence. 

Mental/Emotional Abuse

Psychological abuse may be seen as the early stages of behavior that can lead to physical violence. While these actions will not leave behind physical scars, the emotional toll they take can leave lasting wounds on a person’s mental health. Some of the following actions may be considered emotional abuse:

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Domestic Violence Crimes Under Illinois LawIn recent years, most states, including the state of Illinois, have taken steps to strengthen existing domestic violence laws and increase potential punishments for those convicted of these crimes. The consequences from a domestic violence criminal conviction can be quite severe; these penalties may include imprisonment and restrictions on your ability to possess firearms. Furthermore, false allegations of domestic violence often surface for other reasons, such as in the midst of custody battles. As a result, it is essential that you contact an experienced Naperville criminal defense attorney as quickly as possible if you are facing charges for a crime related to domestic violence.

Domestic Battery

One type of domestic violence crime under Illinois law is domestic battery. You can commit the crime of battery when you intentionally cause bodily harm to another individual or make physical contact with him or her in an insulting or provocative way. However, domestic battery occurs if you commit battery against a family or household member, including parents, children, stepchildren, and any individuals who are related in some way, either by blood or by marriage. Domestic battery also can involve someone with whom you currently are in a relationship or formerly were in a relationship. The law does not distinguish between individuals who were formerly or are currently married or those who simply lived together or were in a dating relationship.

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Illinois defense lawyer, Illinois criminal defense attorney, protection order, According to the National Coalition Against Domestic Violence, 25 percent of women will experience domestic violence during their lives. However, 15 percent of domestic violence victims are not women and, as such, it affects everyone, although females are more frequently the victims of domestic violence and violence by someone they knew. In Illinois alone, there were 114,921 cases reported to the police of domestic violence in 2006. Keep in mind that these are only the reported cases. Most cases are never reported. As a result, it is important to fully understand the law as it relates to domestic violence in Illinois, especially if you or someone you know has been charged with a crime relating to domestic violence.

The Illinois Domestic Violence Law

First, it is necessary to understand what the term “domestic violence” means. It encompasses a variety of crimes, but whether or not an act constitutes domestic violence depends on the relationship of the parties involved. In order for a crime to be considered domestic violence, the alleged aggressor and the victim must have the relationship of a “household member.” A “household member” is defined by the law as current or former spouses, people who currently share or formerly shared a dwelling, parents, children, stepchildren, any persons related by blood or marriage, people in a dating relationship, people in an engagement relationship, and people with disabilities and their caregivers.

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