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DuPage County family law attorney, orders of protectionIf you are in a situation where you fear for your own safety due to the actions of another person, Illinois law does provide you with options to protect yourself. Sometimes termed a “restraining order,” an order of protection can prevent harm by mandating that an abuser avoid contact or communication with you. It is critical to consult with an experienced DuPage County restraining order attorney about the three different types of orders of protection right away, before any further violence impacts your life.

Emergency Orders of Protection

Under Illinois law, you can obtain an emergency order to protect against violence solely through your own testimony to a judge, without the typical procedural rules that would apply in other cases. You do not have to notify the abuser and he or she does not have to appear in court, when the harm you are trying to prevent will likely happen if proper notice is delivered.

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Posted on in Domestic Violence

DuPage County domestic violence attorneys, Illinois domestic violenceCriminal Law

Illinois criminal law defines domestic battery as knowingly causing bodily harm or making insulting or provoking physical contact to a household or family member. For a first offense, domestic battery is generally a class A misdemeanor. However, domestic battery is a class four felony if the person who committed the crime has a record of domestic violence or one of many other violence-related charges. If the battery is in the presence of a child, there can be increased penalties. In addition to the other penalties, an Illinois a domestic violence conviction may make someone ineligible to carry or own firearms.

Illinois Domestic Violence Act of 1986

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domestic violence concernsDomestic violence is an issue being discussed in communities across the country, but often has similar factors at play no matter where it takes place. A recently published news article examines the topic of domestic violence from some familiar angles in order to shed light on questions, such as why victims stay in abusive relationships and some of the more common warning signs of domestic violence. This information is useful no matter where domestic violence takes place.

Why Victims Stay

Many times, when discussing the topic or a specific incident of domestic violence, the question comes up as to why the victim stays with his or her abuser. To some, the prospect of leaving an abusive relationship may seem like an obvious choice. However, to those involved in such a relationship, it is not always that easy.

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domestic violence casesWhile it is unfortunate that an extremely violent event involving a public figure is what has sparked a renewed conversation on domestic violence, many are saying the occurrence is simply bringing to light the types of domestic violence incidents that victims must deal with on a regular basis. As the conversation about domestic violence continues in the media and among the public, the overall effort seems to be spreading awareness and advocating for solutions to the domestic violence problem across the country. It can at least be said that these issues affect far more people than average members of the public may realize, and the problem is likely larger than many think.

Just how big is the problem of domestic violence? A report published by the Illinois Coalition Against Domestic Violence asserts that in fiscal year 2014, a total of 63 domestic violence incidents took the lives of 84 individuals, with many more leading to injury, and presumably even more going unreported.

Focusing on the Victim

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Posted on in Domestic Violence

domestic violence dataThe issue of domestic violence continues to be a popular topic in national news. Many describe it as an epidemic, perhaps in part due to its inherent capability to reach broad bases of socioeconomic victims as well we perpetrators. Likely due in large part to the media attention this topic has received recently, data regarding domestic violence is being analyzed by experts on a frequent basis.

Data Reports

Statistically speaking, there are two very different sides to the story when it comes to matters of domestic violence. On one hand, states that incidents of domestic violence between romantic partners has dropped by about 60 percent since the mid-1990s, according to figures released by the Justice Department. However, that decrease has been essentially stalled since approximately 2004, with similar numbers holding constant for the past several years. It is estimated that approximately 1,000 “serious” violence incidents involving intimate partners were committed per day in 2013. Such incidents are defined as involving either sexual assault or aggravated physical assault.

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Domestic violence is “a pattern of behaviors utilized by one partner (the abuser or batterer) to exert and maintain control over another person (the survivor or victim) where there exists an intimate, loving and dependent relationship”, according to the National Coalition of Anti-Violence Programs. LeeviAlthough domestic violence is often defined as heterosexual women’s problem, they are not the only victims of abusive behavior. Domestic violence has been observed in many kinds of relationships, including same-gender relationships. In domestic violence, the violent spouse uses different types of abusive behavior to gain the sole control of the relationship. The victim cannot make independent decisions without suffering consequences from the violent spouse which leads to constant fear and anxiety. The abuser tries to isolate the victim and prevents them from getting help. Not all abusive relationships are necessarily similar. The behavior of the abuser and the tools of abuse he or she uses to gain and maintain control in the relationship determine the type of the abusive relationship. However, there are some general tendencies how violent spouses abuse their partners or children. These can be, for example, some of the following behaviors:

  • Verbal abuse
  • Emotional manipulation
  • Isolation, including limiting or prohibiting victim’s contact with family or friends
  • Withholding or otherwise controlling or restricting access to finances
  • Harming, attempting or threatening to harm, victim or the victim’s family, friends, children and/or pets physically
  • Sexual assault or rape
  • Threats or attempts of suicide or harm to self if victim tries to end a relationship or does not comply with an abuser’s demands
  • Stalking or harassment

If you or someone you know has been assaulted or otherwise mistreated by a family member, you need help immediately. A skilled lawyer can help you to obtain an order of protection against the abusive spouse. Contact a compassionate and dedicated family law attorney in Illinois today.  

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