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Lombard family law attorney domestic violence order of protectionHere 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. 

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Illinois restraining order lawyersHere in the state of Illinois, orders of protection are defined in the Illinois Domestic Violence Act of 1986, as a safeguard for a victim of abuse, seeking protection from an offender. Criminal acts that could warrant an order of protection, include acts of domestic violence, stalking, harassment, and sexual assault. If you have been served with a protective order, it is important to understand the language of the order and avoid any violations.

Three Types of Orders of Protection

In the state of Illinois, there are three types of protective orders, an emergency order of protection (EOP), a plenary order, and an interim order of protection. An emergency order of protection can be issued without notifying the respondent, due to the risk of harm. While an emergency order of protection represents a sufficient option for the short term, these orders are only valid for a maximum of 21 days. As soon as an emergency order is issued, a hearing for a plenary order is scheduled. A plenary order can only be issued after a hearing with both the petitioner and respondent (the respondent can choose to remain absent for the hearing, but must be notified of the hearing date). A plenary order can last for a maximum of two years. An interim order of protection can be issued if the respondent has been served but the litigation is still in process. Interim orders of protection last for a maximum of 30 days.

Violating an Order of Protection

If you have been served with a protective order, it is critically important to have thorough conversations with your attorney about the language of the order. Violating non-contact rules can potentially result in criminal punishment. Depending on the rules set in court, non-contact rules could include phone calls, emails, social media posts, or contact through a third party. In the state of Illinois, protective order violation can result in a Class A Misdemeanor. If you are convicted of more than one violation under the same order of protection, you will be charged with a Class 4 Felony. A Class 4 Felony can lead to up to 3 years in prison, and fines of up to $25,000.

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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.

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Posted on in Family Law

If someone is in a dangerous relationship or is a victim of domestic violence, their primary concern is making sure that they and their children are safe. There are many ways to achieve safety, and one option available for victims to achieve safety is through the use of an order of protection.

What is an Order of Protection?

Orders of protection are court orders that protect victims of domestic violence by placing limits on the behavior of abusers; an abuser who violates an order of protection can be arrested for the violation, as well as liable for civil contempt.

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