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The Stogsdill Law Firm, P.C.

Every state in America has different laws to prevent domestic violence. However, what all states have in common is that they come together to spread Domestic Violence Awareness during the month of October.

There are legal actions that someone can seek in the event that they are a victim of domestic violence. In the state of Illinois, the court has the right to grant a temporary restraining order against an alleged abuser. When (and if) after both sides attend a hearing and present their evidence, the restraining order can become more permanent.

By definition, orders of protection or restraining orders are used to provide a legal barrier between abusers and victims. In Illinois there are three different types of orders of protection: Emergency, Interim, and Plenary. Every legal situation can vary, depending on the severity of the abuse.

Challenging an Order of Protection in Illinois Courts

order of protectionDomestic violence continues to be a serious issue all across the United States, including in Illinois. One of the ways the state has tried to address these problems is through the Illinois Domestic Violence Act. This law established a way for victims to get orders of protection, also called restraining orders, issued from the courts to help keep abusers away from victims and the victim's children. However, the system is far from perfect. Sometimes orders are issued when there has been no domestic violence. Protective orders can have serious consequences during a divorce.

What to Do Once You Have Been Served

Often the first you ever hear about a protective order is when you are served a copy of the order. While suddenly finding out you have been accused of abuse can be upsetting, it is important that you comply with the order right away.

How Domestic Violence Affects Divorce and Custody in Illinois

domestic violenceDomestic violence is a serious issue in our society. Often the issues that are behind violence in the home simmer for years. When a marriage breaks down there is always a lot of emotion and tension in the process. When there has been domestic violence, the situation is even more volatile. Domestic violence drastically impacts the divorce process.

What Does a Protective Order Do?

Illinois provides a way for victims of domestic violence to get a court order to keep their abuser from coming back into the home. This is commonly called a restraining order, but is legally called a protective order. There are three different types of orders. To qualify for a protective order the victim must have been harassed, injured, threatened, or unlawfully restrained by a family or household member.

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