630-462-9500

After Hour New Client Telephone Number 630-690-6077

1776 S. Naperville Road, Building B, Suite 202,
Wheaton, IL 60189
The Stogsdill Law Firm, P.C.
Subscribe to this list via RSS Blog posts tagged in order of protection

DuPage County high conflict divorce attorneyDivorce can bring out the worst in people. If you are contemplating divorce or have already decided to end your marriage, you may have concerns about your ex making false accusations against you. Some people make up lies about their spouse during divorce out of bitterness and spite. Even if the accusations are not founded in reality, they have the potential to cause significant problems for the accused spouse. If your spouse has accused you of abuse, violence, hiding assets, or other forms of wrongdoing, it is important to work with an experienced divorce lawyer.

Keep a Detailed Record of Your Actions and the Accusations

One of the best ways to help your lawyer prove that your soon-to-be ex-spouse is lying about your alleged abuse or other misconduct is to gather evidence. Keep records of any text messages, voicemails, or emails that your spouse sends you. Make sure to also log or write down your own actions. You may be able to use this information to prove that your spouse’s claims are untrue. For example, if your spouse accuses you of harming him or her on a certain date, you may be able to produce evidence that shows that you were out of town on this particular date. Demonstrating inconsistencies in your spouse’s claims will weaken his or her credibility and help you defend yourself against the false accusations.

Do Not Confront Your Spouse, and Comply With Any Protection Orders

One of the worst things you can do when you are being accused of abuse or harassment is to confront your accuser. Your spouse may use this confrontation as an excuse to make claims of further harassment, intimidation, or abuse, or they may attempt to bait you into a heated argument and claim that this shows that you are violent or unstable. 

...

DuPage County domestic abuse attorney order of protection

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.

...

Wheaton, IL order of protection defense lawyerThe 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.

...

Wheaton, IL divorce lawyer for order of protection defenseDomestic violence is taken very seriously in Illinois, and victims of abuse can protect their safety and that of their children or other family members by obtaining an order of protection. An emergency order of protection (EOP) can be granted to a person based on his or her testimony alone, and it goes into effect immediately. The respondent (the subject of the order of protection) does not need to be present in order for the petitioner to be granted an EOP. An EOP lasts up to 21 days and typically prohibits the respondent from contacting or coming within a certain distance of the petitioner. A restraining order may also prohibit the respondent from seeing or contacting his or her children, and it may require him or her to surrender any firearms. If you are the subject of a protection order during divorce, there are several crucial steps you should take.

Follow the Directions Contained in the Order of Protection

Restraining orders offer important protections to actual victims of domestic violence. Unfortunately, an order of protection may be obtained by a petitioner who does not actually need protection. A bitter spouse may get an order of protection during a contentious divorce in an attempt to gain an advantage during divorce proceedings – especially those involving child custody. Even if the order of protection your spouse obtained against you was based on false allegations, it is essential to follow the directions contained in the order. Do not confront your spouse or violate other terms of the order. Instead, contact an attorney immediately to determine your best options for defending against the accusations and protecting your rights.

Attend the Plenary Hearing to Tell Your Side of the Story

If your spouse wants to extend the protection period after the EOP expires, he or she will need to attend a court hearing and request a more permanent type of order called a plenary order of protection. The plenary hearing is your opportunity to defend yourself against your spouse’s accusations. When preparing for this hearing, you will want to gather evidence such as text messages, call logs, and documents that support your testimony. Find witnesses who can confirm your side of the story and are willing to testify in court. Your attorney will use witness testimony and other evidence to argue on your behalf during the hearing.

...

Wheaton order of protection lawyerAn order of protection is sometimes called a protective order or restraining order. Victims of abuse, stalking, harassment, or domestic violence may request a restraining order to protect themselves from their abuser. There are three main types of orders of protection in Illinois: an emergency order of protection, interim order of protection, and plenary order of protection. An emergency order of protection can be used when a person needs immediate protection from an abusive spouse, ex-spouse, family member, or another person who may harm him or her.  

What Can an Emergency Order of Protection Do for Me?

An emergency order of protection (EOP) is a court order that will prohibit an abusive person from further abusing you, your minor child, a disabled adult, and even your pets. The specific provisions contained in an EOP vary depending on your particular needs. The EOP may require the abuser to refrain from contacting you and to stay a certain distance away from you, your children, or your workplace, children’s school, or home. If the abuser violates the order, you can call the police and have that person arrested.

How Can I Get an EOP?

An emergency order of protection can be obtained at your local county courthouse by filing a Petition for Order of Protection with the circuit clerk. Your petition will need to include information about what the abuser has done and said to you, the dates and times of previous instances of abuse, what types of injuries you have sustained, and any other relevant information. The court can grant an emergency order of protection without notifying the abuser about the protective order.

...
Dupage county bar association Illinois state bar association American Bar Association Rotary Martindale Hubbell Top 40 Under 40 Best 10 Best 10 DuPage County Bar Association State Badge State Badge Avvo

Contact Us To Schedule A Consultation With An Attorney At Our Firm

Call 630-462-9500 or provide your contact information below and we will get in touch with you:

NOTE: Fields with a * indicate a required field.
*
*
*
Back to Top