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Tag Archives: restraining order

domestic violence, domestic violence and children, DuPage County family law attorneysStudies show that children who witness a domestic violence attack grow up feeling isolated and vulnerable. Witnessing an incident can mean more than just seeing an attack happen. It can also mean a child hearing threats or fighting noises of an abusive situation, or observing the aftermath such as blood, bruises, crying, torn clothing, and broken items around the house. All of these can have long term effects on the child of an abusive relationship.

Exposed children can become more fearful or anxious when put into certain situations. This can result in keeping a secret from the rest of their family, whom could have helped the victim otherwise. In some cases, the burden of keeping this undisclosed information can cause adolescents to blame themselves for the abuse they witnessed and think that if they would have told someone or done something about it, then the abuse would not have continued. In extreme cases, children can become emotionally, physically, or even psychologically abandoned.

Domestic violence lawsuits may result in limited visitation for parents if their child has been affected. The option of having police present to be protected from an alleged abuser can be given in court. Children are often affected by domestic violence because the abuse must be committed by a family, spouse, parents, those who have children in common, or have been or are in a dating or engagement relationship.

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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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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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order of protection, restraining order, domestic abuse, domestic violence, family lawyerDomestic violence is a serious issue that plagues many more people than some realize. When a person thinks about domestic violence, it is usually within the context of a romantic relationship, but the legal definition expands beyond those terms. For those who are the victims of such violence, protection is available and can be legally enforced.

Domestic Violence

Although the majority of domestic violence cases likely occur between two people who are or were romantically involved, there are other situations that also give rise to domestic violence according to law, and they deserve attention as well. In order to have a request for an order of protection granted, the person must demonstrate that they are the victim of domestic violence. For this purpose, the law defines domestic violence as:

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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.
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Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
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Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone630-580-6373
Fax(888) 350-9195
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Phone(312) 985-5676
Fax(888) 350-9195
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Address58 N. Chicago Street, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
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