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IL Divorce lawyerEvery single year thousands of Illinoisans make the difficult decision to pursue a divorce. While many divorces can be amicably resolved, others can lead to erratic and aggressive behavior from a spouse. Tragically, domestic violence is alarmingly common when spouses are considering a divorce or experiencing marital issues. If your spouse begins to behave in a manner that makes you fear for the safety of yourself or your children, it may be time to obtain an order of protection.

Orders of Protection In Illinois

An order of protection is a court order that will restrict an abusive family member from making contact with a spouse, children, or other family members. It is important to note that your spouse does not have to be physically abusive in order for the court to justify a protective order. If your spouse is harassing or intimidating you or your children, it is time to speak with your attorney regarding the establishment of a protective order.

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IL defense lawyerAccording to the National Coalition Against Domestic Violence (NCADV), approximately 1 in 4 American women face some form of domestic abuse. Domestic violence can come in the form of verbal threats, non-consensual sexual activities, or physical violence. Regardless of the form of domestic violence, you need to get you and your family out of the violent situation before the level of physical harm escalates. Fortunately obtaining an order of protection is a fairly straight forward process in the state of Illinois, and can protect you from your violent spouse.

What Is an Order of Protection?

In short, an order of protection is a court order that protects the holder of the order from an abuser in their family. The judge can order that the abuser maintain a safe distance from the victim and other people protected on the order (primarily children), cease to contact the victim via phone call or social media, move out of a shared dwelling, and attend counseling. For families, it is important to note that an order of protection can restrict an abuser from seeing or contacting any minor child in the victim’s custody.

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IL family lawyerToday divorce is incredibly common throughout the United States. While the vast majority of divorces can be finalized fairly seamlessly, some divorces can be highly contested. Unfortunately, some divorces even become violent. If you believe that your spouse may cause physical harm to you or your children, it is time to act. Domestic abuse has become a monumental issue nationwide, and in order to ensure that you and your family are properly protected, you need to pursue legal action. Below we will discuss how you can secure an order of protection, during your divorce.

Types of Orders of Protection

If you believe your family is in immediate danger, your attorney can assist you in securing an Emergency Order of Protection. While an Emergency Order of Protection will only last a maximum of 21 days, the order can be filed and enforced without a hearing. The respondent (abusive party) does not have to have prior knowledge of the order, the order will go into action as soon as it is approved by a judge. At the time of approval, the court will schedule a hearing date for a Plenary Order.

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IL family lawyerAccording to many studies, one in every four American women will face intimate partner violence throughout the course of their lives. In instances of domestic violence, it is critically important to act quickly to remove yourself, and any potentially endangered family members, from the harmful situation. It is not uncommon for the violence to escalate to life-threatening harm, in cases of domestic violence. Below we will examine the various types of orders of protection that a qualified attorney can assist you in securing.

Securing an Order of Protection

Once you have decided to take the steps to remove yourself from the harmful situation you were living in, your attorney will assist you throughout the entirety of the process. The first step will be to apply for an order of protection through a judge, that directs the offender to stay away. Once you have applied for the order of protection, you must prove that you are endangered by your spouse. In instances of domestic violence, a sworn statement from the victim will suffice as necessary evidence for the judge to issue an emergency order. After the temporary order has been placed, the defendant will be notified of the order, and a hearing will be held to determine whether or not the defendant will have a more permanent order (a plenary order) placed against them.

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IL family lawyerEvery single year, thousands of Americans are abused by an intimate partner. According to the National Coalition Against Domestic Violence (NCADV), one American is abused every 20 minutes, throughout the United States. Domestic abuse does not always come in the form of physical violence but can manifest through intimidation tactics, verbal abuse, and psychological belittling. If you have a loved one or friend that is facing any form of domestic abuse, it is important to contact law enforcement officials immediately.

The Long-Term Impact of Domestic Abuse

For those harmed by an intimate partner, the abuse can have life-long impacts on the mental and emotional well-being of the victim. Outside of the initial violence, victims of domestic violence are more likely to cause themselves self-harm, struggle with maintaining employment, and battle substance abuse issues. The psychological implications of domestic violence are well-documented, and every case of intimate partner abuse should be taken incredibly seriously.

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