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Category Archives: Domestic Violence

Illinois domestic violence lawyersDomestic violence impacts an estimated one in three women and one in four men experience intimate partner violence. Children are also impacted by domestic violence, regardless of whether they are abused themselves. Still, with one report of abuse being made every 10 seconds, their rate of abuse is just as concerning. 

A restraining order can provide all of these abuse victims with legal protections to keep them safe from their abuser. However, there are minimum requirements that must be met in order to obtain one.

The Legal Definition of Domestic Violence 

Not all hurtful actions are legally defined as domestic violence. Instead, the victim must have experienced:

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DuPage County domestic violence lawyersDomestic violence, which impacts approximately one in three women (and one in four men) is a near silent epidemic. Terrified to leave or speak out, victims often live behind the facade of a happy home, despite being in constant danger. Sadly, the longer they stay in the relationship, the more they risk serious injury or death at the hands of their abuser. Thankfully, there are legal steps that victims can use to protect themselves when they find the strength and courage to leave.

How a Restraining Order Can Protect You and Your Child

Restraining orders are designed to provide legal protections to victims of domestic violence. More specifically, they:

  • Prohibit your abuser from intimidating, harassing, stalking, exploiting, or negatively impacting your personal liberty;
  • Mandate that your abuser stay away from you and anyone else listed on the order of protection;
  • Prohibit your abuser from removing your child from the state, or hiding them away from you within the state;
  • Order your abuser to stay away from your school, place of employment, and other specific places you may frequently visit;
  • Prohibit your abuser from destroying or getting rid of your belongings;
  • Prohibit your abuser from possessing a firearm;
  • Require that your abuser reimburse you for shelter and counseling services (when applicable);
  • Exclude your abuser from the home in which you are living (even when owned or leased by the abuser);
  • Mandate that your abuser return all personal belongings to you;
  • Prohibit your abuser from causing any harm to your child (mentally, physically, or sexually); and
  • Prohibit your abuser from removing a shared child from your physical care. 

Emergency Orders of Protection

While most victims need long-term protection from their abuser, such orders take time to put into place. Emergency orders help to fill the gap by providing immediate protection to the victim. Based solely on the testimony of the victim, these orders can be obtained at any time - even on holidays or at night, when the courts are closed. However, they only offer you protection for 14 to 21 days. Therefore, it is critical that victims begin the process for obtaining a long-term order of protection (known as plenary orders of protection) while the emergency order is still in place. 

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Illinois domestic violence lawyersWhen your dream of a happy marriage becomes a nightmare, it can be difficult to discern whether leaving is a good idea - especially since so many of the horror stories of abuse involve a woman trying to leave her abusive husband. Thankfully, there are protections available to abused women. Learn more about them in the following sections and discover some tips on keeping yourself safe while trying to leave an abusive marriage, including how a seasoned divorce lawyer can assist with the legal aspects of your case. 

Take Time to Adequately Prepare for the Separation 

Although there are circumstances in which you have to leave to ensure your safety, it is usually better if you take the time to adequately prepare for the separation, long before your spouse catches wind of your desire to leave. Start by saving your own money in a separate bank account. It is also recommended that you keep a copy of your driver’s license, social security, birth certificate, and banking information with a trusted party, such as a close friend or family member. If at all possible, try to also store clothing and personal items with this person, as it will ensure you have what you need if the relationship suddenly becomes more violent. 

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Illinois domestic violence lawyersAbusive partners have always used methods of control against their victims, but with the latest advancements in technology, they have more tools at their disposal. The abuse of “smart home” devices and cell phones are just two examples that are cropping up in divorces around the nation. Thankfully, victims can protect themselves from a technologically savvy abusive spouse. Learn more in the following sections, including how a seasoned Illinois divorce lawyer can provide victims yet another layer of protection while they are seeking a divorce or separation. 

Abuse Using “Smart Homes” and Other Advanced Technology

While technology abuse may not seem like much of a threat, the truth is that perpetrators are using advanced devices like smart home systems to make the lives of their victims unbearable. For example, they may remotely turn the lights off and on, or they may turn up the heater to an unbearable temperature. Unfortunately, when victims try to explain the abuse, law enforcement and other officials may dismiss their claims as “crazy” or petty.

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Illinois domestic violence lawyersVictims of abuse often assume that a documented history of violence will protect them and their children during and after a divorce. Sadly, this is rarely the case. Instead, abusive spouses often use their children as a way to get close to the victim again. The means and methods for doing so vary from one case to the next, but with proper advocacy and protection, victims and their children can reduce the risk of future abuse. Learn more in the following sections, including how the assistance of a seasoned divorce attorney can help to mitigate against the issues that often arise in a divorce from an abusive partner. 

Make Safety Your Primary Focus

Divorce is a complex process, with many pitfalls, but the biggest threat to victims of domestic violence is that of continued abuse. As such, the primary focus should be safety. Create a safety plan and, if necessary, obtain an order of protection. If the children are not covered under the order of protection (which is a possibility), then victims are encouraged to make child exchanges in a safe, public place (i.e. the police station). Do not engage in arguments and never agree to meet your spouse alone - not even to talk about the children. Instead, seek assistance and support from an experienced attorney. 

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone630-580-6373
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Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
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Joliet Office
Address58 N. Chicago Street, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
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