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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.

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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.

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Wheaton order of protection attorney divorceIf you have been the victim of abuse by your spouse, you may be considering divorce. However, your primary concern is likely ensuring that you and your children are safe. To protect yourself from your abuser, you can ask a judge for an order of protection. This will not only require the abuser to stop abusive activities, but it may also ensure that they stay away from you and your children, refrain from contacting you in any way, and require them to attend counseling and pay child support. This can provide you with much-needed protection in the steps leading up to divorce as you begin to put permanent solutions in place.  

There are three types of orders of protection in Illinois:

Emergency Order of Protection

This type of order can be used to obtain immediate protection from an abuser. It will go into effect as soon as it is approved by a judge approves, and the alleged abuser (known as the respondent) will be notified and required to follow the terms of the order. The respondent does not need to be present at the hearing where an emergency order is granted. An order will typically last from 14 to 21 days or until a hearing can be held to determine whether further protection is necessary.

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Wheaton domestic violence attorneysAccording to the National Coalition Against Domestic Violence (NCADV), approximately 10 million Americans are abused by an intimate partner each year. In all, 20 Americans experience domestic abuse every single minute, across the United States. Domestic abuse is one of the most physically dangerous and emotional traumatizing crimes to be a victim of. In many cases, victims are afraid to leave, do not want to alert authorities, and may still have an emotional connection to their abuser. In other situations, children are involved, and that can lead to increased complications and concerns.

Still, domestic violence can escalate quickly, and removing you and your family from a violent situation is the most important step you can take in ensuring your safety. If you or a loved one are facing domestic violence at home, contact law enforcement officials immediately and reach out to a team of legal representatives you can trust.

Long Lasting Impacts of Domestic Violence

Cases of domestic violence can come with ramifications that can last a lifetime. Physical violence can lead to loss of work hours, costly medical bills, and chronic post-traumatic stress. According to the NCADV, as many as 60% of victims of intimate violence lose their jobs because of complications forming from the abuse. Domestic violence can also impact the lives of children in the household.

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DuPage County domestic violence lawyersEvery single year, approximately 10 million Americans face some form of domestic abuse. Domestic abuse can come in the form of physical violence, emotional abuse, and sexual misconduct, but regardless of the form, the abused party needs to remove themselves from the situation. When speaking with a loved one or a friend that is in an abusive relationship, it is important to know what to say, and how to say it. Domestic abuse continues to be a tragically prominent issue here in the United States, as 1 in 7 American women have been abused by a partner. If you or a loved one is in the midst of an abusive relationship, contact law enforcement officials as soon as possible, and meet with a legal professional that can help you move away from the dangerous situation.

What To Say To a Domestic Abuse Victim

As a friend or a family member of a domestic abuse victim, you have a responsibility to help your loved one remove themselves from the situation. Knowing what to say through these difficult conversations can make all the difference in ensuring that your loved one can safely escape the dangerous relationship.

They Are Not Alone: In many abusive relationships, the victim believes that they are alone in this situation; that notion could not be further from the truth. According to the National Coalition Against Domestic Violence (NCADV), approximately 33% of all American women have faced abuse in an intimate relationship. Knowing that they are not alone can give abuse victims the confidence to reach out to a trained professional and receive the help and guidance they need.

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