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Tag Archives: order of protection

Wheaton divorce lawyersEvery minute, 20 people in the United States are abused by an intimate partner. Someone they love and trust. Perhaps also someone to which they are married. Sadly, leaving such a marriage is rarely easy. There is the risk of retaliation, and the legal system still has gaps in its protection of victims. Thankfully, there are ways that married victims can protect themselves. One of them is the use of a safety plan. Learn more about how it can help you, and what other strategies you may have to protect yourself from an abusive spouse during divorce or legal separation.

What is a Safety Plan?

A safety plan is a detailed account of how you will respond to various situations. It can also help to ensure you have all the documents and information you need to move forward with your life once you leave (i.e. birth certificate, social security card, school transfer papers for the children, bank account information, etc.). You can also incorporate family, friends, neighbors, and coworkers into a safety plan to improve the transition process. A few things you may wish to address could include:

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DuPage County restraining order lawyers, orders of protectionIf you or your child has been the victim of violence from a family member, you may be considering getting a restraining order to help protect yourself and other family members at risk of being victims of violence. Indeed, it is important to have a basic understanding of domestic violence and restraining order laws in Illinois.

What is a Restraining Order?

A restraining order, formally called an “Order of Protection,” prohibits a person from engaging in abusive or harassing behavior. Orders of protection are issued after there has been evidence of domestic violence. In Illinois, domestic violence is defined as abuse by one family or household member against another family or household member. “Family or household member” includes a spouse or ex-spouse, children, stepchildren, people who share a child, parents, people who are dating each other or used to date, and people who live together or used to live together. Domestic violence also includes a person with disabilities and his or her caretaker.

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DuPage County family lawyers, protective order basicsHuman relationships are complex. Unfortunately, these same relationships can become abusive. Abuse can become more intense if a couple decides to divorce or separate. When this happens, it can be difficult to know what to do in order to protect you and your family. This is particularly true when children are the victims of the abuse. The Illinois Domestic Violence Act (IDVA) specifically forbids a family member or members of the same household from abusing others in their home.

The IDVA defines abuse as:

  • Physical abuse;
  • Harassment;
  • Intimidating a dependent; and/or
  • Willful deprivation.

You Can Take Action

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DuPage County domestic violence lawyers, orders of protectionYou should not live in fear of another person. If you are divorcing or separating from your partner and he or she is harassing or abusing you, you may be able to request an order of protection to protect yourself from further harm.

An order of protection provides a set of rules detailing how an individual can interact with the individual who requested the order. It is against the law for the other person to violate the order. If you are living with abuse, you should not hesitate to contact an experienced attorney for help with your situation. 

Types of Orders of Protection

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DuPage County family law attorney, parenting timeOne of the most difficult things to deal with is an allegation of domestic violence in the middle of a family law case. Because judges rightfully take domestic violence claims seriously, even unfounded allegations can drastically affect the way a family law case moves forward. Sometimes, even parenting time is cut off. If you are the subject of domestic violence allegations, you need to understand your rights.

Types of Allegations

There are several different types of domestic violence allegations. If one party accuses the other of abuse in a court filing or during testimony, the court will have to consider what proof is available to support these claims. While these allegations will be taken seriously, they are often given less credence than other types of allegations. 

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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
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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