If you have been the victim of domestic violence or you have reason to believe that a family or household member may become physically violent toward you or your children, there are legal actions you can take to protect yourself and your kids. A protection order or “restraining order” is a court order that prohibits a person from contacting or coming within a certain distance of another person. If the subject of the protection order violates the order, he or she faces immediate arrest and possible criminal charges. Obtaining an emergency order of protection is often the first step in leaving an abusive spouse or escaping an abusive family member.

How Does an Emergency Order of Protection Work?

Protection orders are used to protect against abuse, stalking, or harassment from former or current spouses, partners, roommates, or family members. An Emergency Order of Protection (EOP) can be customized to your particular situation. Your EOP may prohibit the abusive person or “respondent” from:

Domestic abuse or intimate partner violence affects millions of people across the country, including in the state of Illinois. According to the Illinois Coalition Against Domestic Violence, one in three women and one in seven men are victims of domestic violence. Physical abuse, psychological abuse, financial abuse, or stalking can make a person feel as if his or her own home is a prison. If you have been the victim of domestic violence, one option you may want to consider is an emergency order of protection (EOP). Sometimes called restraining orders, EOPs are legally enforceable court orders that require an alleged abuser to cease abusive and harassing behaviors. A knowledgeable family law attorney can help you through the legal process of obtaining this important document. 

What Is Domestic Violence?

Domestic violence is abuse involving a past or current family member, household member, romantic partner, spouse or ex-spouse, or someone who is the parent of the alleged victim’s child. Many alleged abusers use manipulation, intimidation, threats, and physical violence to control their alleged victims. This may include pushing, hitting, strangling, and other physical violence as well as harassment such as repeatedly following the victim. An abuser may attempt to weaken the victim’s independence and convince the victim that the abuse is somehow his or her fault. No one should have to tolerate this type of treatment. Fortunately, there are legal remedies available in Illinois that can help protect victims of domestic violence.

The National Coalition Against Domestic Violence estimates that one in every four U.S. women and one in every seven U.S. men have experienced domestic violence. Physical abuse, psychological manipulation, financial exploitation, and other forms of abuse exist within many families. Sadly, some people choose to use false accusations of domestic violence or abuse in an attempt to influence family law cases. Whether it is a divorce, child custody dispute, or another family law matter, allegations of abuse will likely have a major impact on the outcome of the case. If you have been accused of abusing a family member, there are several actions you should take immediately.

Gather Evidence and Witnesses That Support Your Side of the Story

One of the first things you should do if you are accused of abuse is to obtain any evidence that can help prove that the accusations are untrue. This may include things like text messages, voicemails, emails, letters, and other correspondence. Also, start thinking of witnesses who can corroborate your side of the story during any legal proceedings. Witnesses who are willing to testify about your character can be extremely beneficial to your case.

Consider Requesting a Guardian Ad Litem

A guardian ad litem (GAL) is a lawyer who may be assigned to a family law case involving children. He or she does not represent either party in the dispute, but instead advocates for the children’s best interests. The GAL may visit each parent’s home and conduct interviews with parents, teachers, doctors, family members, and the children themselves in order to form an educated opinion about what is best for the children. The GAL then makes a recommendation to the court about what case outcome he or she thinks will protect the children’s best interests.

Here in the United States, an average of 20 people are physically abused by a spouse or intimate partner every minute. That means that every single year, an estimated 10 million Americans face some form of domestic abuse. The impact of domestic violence goes far beyond the initial injuries inflicted. Victims can face severe post-traumatic stress, anxiety, and even thoughts of self-harm. Fortunately, a dedicated legal team can help you remove yourself from an unhealthy and dangerous situation. 

What We Can Do 

According to the National Coalition Against Domestic Violence (NCADV), approximately 25% of American women face some form of domestic violence from an intimate partner. In many cases, domestic abuse from a spouse or partner can escalate into severe or even fatal injuries. By working with a dedicated, compassionate legal team, you can ensure the safety of you and your family. Our attorneys can help with:

• Establishing Orders of Protection: In cases of domestic abuse, your safety is our top priority. The first step we can take is obtaining an order of protection for you and your family. A restraining order can force your abuser to leave a shared residency and end any and all contact with you and your children. A temporary restraining order can be established simply through the account of the petitioner (the victim). Our team can provide you with representation in court hearings to ensure that permanent protections are put into place. 
• A Speedy Divorce: When separating from an abusive spouse, a divorce can represent an opportunity to move forward. We understand the sensitive nature of these situations, and our team is prepared to expedite the divorce process. Here in the state of Illinois, there are over 100,000 reported cases of domestic violence each year. Separating from a violent spouse can be the best option for you and your family, and our firm is here to help. 
• Ensuring Sole Custody: Roughly 1 in 15 American children are witnesses to domestic violence each year. Removing your children from a harmful situation can be critically important to their development. Children that witness domestic violence are more likely to struggle academically and face other emotional challenges. Securing sole custody can ensure that your children will no longer have to be a part of a violent situation. Our team is prepared to aggressively represent you and ensure that your children’s safety is protected. 

Contact a Wheaton Order of Protection Lawyer 

At The Stogsdill Law Firm, P.C., our legal team has extensive experience dealing with issues of domestic violence. We are dedicated to handling the difficulties of a violent relationship with the care that our clients deserve. Through expediting the divorce process, helping you gain custody of your children, or obtaining orders of protection, our team is here to help you and your family. To schedule a consultation with a DuPage County family law attorney, call our office today at 630-462-9500. 

On February 8th, 2019, a man shot and killed his wife in their home in Blaine, Minnesota. The 46-year-old victim had served her husband divorce papers the previous November, but the couple continued to live together. While it has not yet been established whether or not the marriage was violent prior to the tragic incident, for victims of abusive relationships, the event served as a startling reminder of the risks of staying in a situation involving domestic violence. If you are seeking a way out of an unhealthy or abusive relationship, our legal team can work with you to expedite the divorce process and help you obtain the protection you need. 

The Risks of Domestic Violence 

According to a recent study conducted by the Centers for Disease Control and Prevention (CDC), over 50% of homicides with female victims are committed by intimate partners of the victim. It is important to understand the urgency to escape a violent relationship. Listed below are a few reasons why it is important to leave a violent or abusive situation as quickly as possible: 

• Potential for Gun Violence: According to the National Coalition Against Domestic Violence (NCADV), the presence of a gun in an abusive relationship increases the chance of homicide by 500%. Unfortunately, roughly 19% of all domestic violence cases involve a weapon. Do not be afraid to seek out help as you look to remove yourself from a violent situation. 
• Impact on Children: A violent marriage can have a severely damaging impact on your children. Approximately 1 in every 15 American children are witnesses to some form of domestic violence. Being around a violent relationship as a child can lead to depression, anxiety, and other mental health issues down the road. In the most tragic situations, relationship violence can also lead to violence against children. 
• Mental and Emotional Health Implications: When experiencing intimate partner abuse, it can be difficult to leave the relationship for a number of reasons, including the desire to protect someone you once loved. Still, it is crucial to remove yourself from the relationship for your own personal health. Experiencing regular abuse can lead to severe post-traumatic stress, depression, and addiction. 

Contact a Wheaton Divorce Lawyer

At The Stogsdill Law Firm, P.C., our legal team fully understands how emotionally difficult domestic violence is for the victim. Fortunately, our team can assist you in obtaining an order of protection, if necessary, as well as speeding up the divorce process. No one deserves to be in a violent marriage. To schedule a meeting with an adept DuPage County family law attorney, call our office today at 630-462-9500.