firearms, Arlington Heights domestic violence lawyerThe Second Amendment to the U.S. Constitution states, “A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.” In recent years, this right has been the subject of much debate, especially in regard to certain types of firearms. Regardless of where you may stand on the issue of gun rights/gun control, there have been many federal and state laws passed throughout the years that, in effect, limit who may purchase or possess or firearm so as to protect the safety of the public at large.

In 2012, a law went into effect in Illinois that made it illegal for a person who is the subject of an order of protection to possess a firearm. The prohibition applies even if the individual has already qualified for and received a Firearm Owner’s Identification (FOID) card from the Illinois State police.

Turning Over Your FOID Card and Guns

If you have been named as an alleged abuser in any type of order of protection in Illinois, you will not be eligible to obtain an FOID while the order is in effect. If you already have an FOID, you are required to hand it over to your local law enforcement agency—e.g. the police department in your city, town, or village. Under Illinois law, the agency will then send your FOID to the Illinois State Police for safekeeping until your order is lifted or expires.

Similarly, the court will issue a warrant authorizing the seizure of any firearms that you currently own. Your local police department will hold them for you for the duration of the order. If you are a peace officer yourself, you must surrender any duty-related firearms to your supervisor until the order of protection is lifted.

Getting Your Things Back

Once the order of protection expires or is lifted by the court, you will have the opportunity to get your firearms and FOID returned to you. This, of course, assumes that you have not committed any acts that would prohibit you from holding an FOID or possession under state or federal laws. For example, violating your order of protection or being convicted of a domestic violence-related crime could lead to the forfeiture of your FOID and firearms.

It is your responsibility to notify the local police department and the Illinois State Police that your order is no longer in effect. If your FOID is not expired, it will be returned to you, as will any guns being held by the local police.

Understanding Your Rights

If you have been named as the subject of an order of protection and you are concerned about your rights regarding firearms, contact an experienced Arlington Heights domestic violence attorney. Call 847-253-3100 for a free consultation at Cosley Law Office today.



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order of protection, Rolling Meadows domestic abuse lawyersThere is absolutely no question that domestic abuse and intimate partner violence are real problems in thousands of American households, including many right here in Northern Illinois. While many people are forced to suffer the effects of such abuse, sometimes allegations are exaggerated or even completely fabricated. Domestic violence, however, is such a sensitive and dangerous issue that claims of innocence by an alleged abuser are taken much less seriously than the allegations themselves. It is not unheard of for an order of protection to be issued based on false pretenses or misunderstandings, leaving the accused in very unfair position.

Comply With the Order

Under Illinois law, an emergency order of protection can be granted based on the testimony and evidence presented a single party. The alleged abuser is not required to appear or provide his or her side of the story. When a victim is actually in danger, this process allows the person to obtain protection from an imminent threat quickly. When the allegations are overblown or totally made up, on the other hand, the process puts the accused at a serious disadvantage.

If an emergency order of protection has been issued against you, it is critical that you comply with every one of the order’s provisions, even if you think they are unjust. The order may prevent you from seeing your children or entering your own home, but the stakes are simply too high to take risks. Violating an order of protection is a very serious matter. Even if you did nothing wrong in the first place, failure to comply with the order could damage your case going forward and may result in criminal charges against you.

Present Your Side

An emergency order of protection can remain in effect for up to 21 days or until a hearing can take place. At that hearing, both sides have the opportunity to speak and present evidence. This will be your chance to challenge the order and the allegations being made against you. You and your attorney will be given access to the testimony on which the emergency order was based so that you can specifically address every claim that was made. With the help of your attorney, you can also obtain character testimony from other individuals who can speak to your behavior and your credibility, along with that of your accuser.

When you are the subject of an order of protection, you will undoubtedly face many challenges, but you do not need to face them alone. Contact an experienced Arlington Heights domestic violence attorney to get the help you need today. Call 847-253-3100 and schedule a free consultation at our firm today.



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violating, Rolling Meadows domestic violence attorneysFamily law disputes such as a custody battle, parental rights dispute, divorce, or separation can be emotionally taxing for everyone involved. Sometimes a spouse with a history of abuse or a hot temper can become dangerously hostile when he or she is facing [BW1] possible family changes. Domestic violence affects about 10 million men and women each year. In fact, studies show that approximately one third of all women and one quarter of all men will be victims of intimate partner violence at least once in their lives. It may be helpful to know that there are several legal options for those who wish to protect themselves or their children from an abusive spouse or other family member.

Orders of protection are legal tools which can help protect a person from the threat of imminent harm by an intimate partner. An emergency order of protection (EPO) can be easily acquired and is often the first step for a victim of domestic violence in seeking help. An EPO can be obtained without the permission or even notification of the alleged abuser. An emergency order is only meant to be temporary and can last up to 21 days.

In Illinois, a plenary order of protection is usually the next step after an emergency protection order. Obtaining a plenary order requires a hearing but the order can last for up to two years and is able to be renewed. Such protection orders can include various terms but usually require the alleged abuser to remain a certain distance away from the victim, as well as the victim’s home, children, and other family members.

Violating an Order of Protection Is a Criminal Offense 

In Illinois, it is illegal to “commit an act which was prohibited by a court or fail to commit an act which was ordered by a court as a remedy in an order of protection” when you “have been served notice of the contents of the order or [have] acquired actual knowledge of the contents of the order.” Violating an order of protection is most often charged as a Class A misdemeanor criminal offense. This means that someone who violates the terms of an order of protection can be punished by up to 12 months in jail and/or a fine of up to $2,500. If the circumstances warrant it, sometimes violating an order of protection can be charged as a Class 4 Felony. In this case, the person violating the order can be punished by fines of up to $25,000 and incarceration for one to three years.

Protection Against Domestic Violence

If you or your children are a victim of domestic violence, you should know that there are legal tools such as orders of protection which can help you. If you have further questions about how a protection order can help you and your family get their lives back, contact an experienced domestic violence lawyer in Rolling Meadows. Call 847-253-3100 for a free consultation at Cosley Law Office today.




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