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.

 

Sources:

http://www.ncadv.org/learn/statistics

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100

http://www.illinoisattorneygeneral.gov/women/victims.html

 

Posted in Orders of Protection | Tagged , , , , ,

plenary, Rolling Meadows domestic violence attorneysThe most recent blog entry discussed emergency protection orders. Emergency orders of protection, which are sometimes colloquially referred to as restraining orders, are legal documents which allow a victim of domestic violence to be protected from their abusers. These orders are only temporary. A plenary order of protection is usually the next step after an emergency order of protection. These orders of protection require a hearing, but they last much longer. A plenary order is issued by a judge after a hearing with both the petitioner—the alleged victim of domestic violence—and the respondent—the alleged abuser.

What to Expect at a Plenary Order of Protection Hearing

A court hearing can be an overwhelming undertaking for anyone, especially someone who has been abused. Abuse and domestic violence often chip away at a victims’ self-confidence, even convincing the victim that he or she deserved the abuse. However, although it can be emotionally exhausting, a plenary order of protection is the safest choice for someone worried about his or her safety. Generally, the hearing date is set on the Emergency Order of Protection (EOP), but this date is not set in stone. A hearing can be delayed for many reasons, but victims of abuse should take heart in knowing that their emergency order of protection will remain in effect until the hearing can be conducted.

If, at a plenary order of protection hearing, either the Petitioner or Respondent fails to appear, the judge will typically grant the request of the party appearing. This means that if you petition the court for a plenary order of protection and your abuser does not show up at the hearing, you will be awarded your order request. If the order is contested, meaning the respondent objects to the order request, the judge will carry on with the hearing. In it, he or she will hear testimony from both the respondent and the petitioner. The judge will also examine evidence and hear from any witnesses to the alleged abuse. After analyzing all of the evidence, the judge will decide whether or not to enter the plenary order. A plenary order can be entered for up to two years the petitioner. You can ask a judge to extend your Plenary Order of Protection before it expires by filing a Motion to Extend an Order of Protection.

Let Us Help

If you have any other questions or concerns about how a plenary order of protection can help you, please contact our office for guidance. The Rolling Meadows domestic violence attorneys at the Cosley Law Office can guide you through the order of protection process and help you get your life back on track. Call 847-253-3100 for a free, confidential consultation today.

 

Source:

https://www.illinoislegalaid.org/legal-information/changing-or-renewing-order-protection

Posted in Orders of Protection | Tagged , , , , , ,

order, Rolling Meadows domestic violence attorneysDomestic violence is, unfortunately, a common occurrence in homes across the United States. Approximately one in three women and one in four men have been or will be the victims of physical, sexual, or emotional abuse at the hands of their intimate partner. If you or your child have been affected by domestic violence, you may feel alone, frightened, or confused. You want things to be different but you may be unsure as to your next steps. In many cases of domestic violence, the first thing you should do is to place a legal barrier between yourself and your abuser. Petitioning the court for an emergency order of protection can help defend you or your child’s safety and security.

How to Get an Emergency Order

Fortunately, requesting an emergency order of protection is simple. You can file your petition with the court of the county you live in or in the county where you are temporarily staying. Your petition can also be filed in the county where your abuser lives. You can file your petition with an available circuit court judge or associate judge if the court is closed for the weekend or a holiday. With your petition, you will need to include the nature of the abuse to be addressed and the specific dangers to yourself or your children. Based on your testimony, an emergency order of protection can be granted immediately.

What an Emergency Order of Protection Can Do

The protective order will generally prohibit your abuser from harming or even contacting you or your child. Depending on your specific circumstances, the order may require that your abuser stay away from you, your child, and your shared residence. It may also prevent him or her from possessing a firearm. An emergency order of protection can even require your abuser to relinquish personal or jointly-held property.

If a protective order is violated, meaning that your abuser breaks any of the rules set by the order, but you are not in immediate danger, you can report this to the court and a judge will hold the abuser in contempt. The abuser may have to pay fines or may even be imprisoned. If the abuser violates the order and you are in immediate danger, you can call the police. Your abuser will likely face criminal penalties for violating the order. In Illinois, the domestic violence arrest policy is to rely on the responding officer’s discretion. He or she will use all reasonable means to prevent further abuse, including arresting the abuser if necessary

Domestic Violence Protection

If you are in immediate danger of domestic abuse, get to a safe place first and foremost. When you are ready to file your petition for an emergency order of protection our team of experienced and compassionate Rolling Meadows domestic violence attorneys are here to help. You do not have to face domestic violence alone. Call 847-253-3100 for a free, confidential consultation today.

 

Sources:

https://www.aclu.org/files/pdfs/womensrights/protectiveorders.pdf

http://ncadv.org/learn-more/statistics

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