Orders of Protection Restrict Domestic Abuse in Chicago

Taking the steps necessary to protect yourself and your children

Because it so frequently occurs in the privacy of the home, domestic violence all too often remains unchecked until the victim takes action. Obtaining an order of protection from an Illinois court not only creates a record that domestic abuse has occurred but also puts abusers on notice that further abuse will not be tolerated. Whether you are the victim of domestic abuse in the Chicago area or have been unfairly accused of perpetrating domestic abuse, an order of protection lawyer from Downs Law Offices can help you gather the evidence you need and tell your story in court.

Who can get an order of protection?

An order of protection is a special court restraining order you can request if you or your children have suffered domestic violence or abuse from someone with whom you have a preexisting relationship:

  • Your current spouse
  • A former spouse
  • Your fiancĂ©(e)
  • Your parent or stepparent
  • Your child or stepchild
  • Your boyfriend or girlfriend
  • The parent of your child
  • A person with whom you share a dwelling
  • A personal assistant if you are disabled

It is possible to obtain an emergency order of protection on an expedited basis by filing a petition with an Illinois Court. The order, however, remains in effect for a limited time unless the court decides it should be extended following a hearing. At this hearing, you and your family lawyer must present the evidence that the abuse did indeed occur for the order to remain in effect. If you have been unfairly accused of domestic abuse, this hearing is your opportunity to show the court that the accusations are unsupported.

What can an order of protection do?

An order of protection can prohibit further abuse, intimidation or harassment, order the abuser to vacate your residence, keep the abuser away from your home or work, temporarily establish custody and visitation rights, force the abuser to turn over property, including pets, and order the abuser to pay restitution and support. Violating a valid order of protection is a class A misdemeanor carrying a potential sentence of up to 364 days in jail. A second violation carries a mandatory minimum of 24 hours in jail. Violation of an order of protection is still a crime even if the court vacates the order after a hearing. Therefore, if you are unfairly subject to such an order, you must abide by it while you wait for your chance to challenge it in court.

If you are a domestic violence victim who is ready to take steps to put a stop to the abuse or if you have been wrongfully accused of domestic violence, an order of protection lawyer from Downs Law Offices can help you protect yourself in court. As experienced and dedicated family law attorneys, we have handled all types of domestic violence situations, including those that occur as part of divorce or child custody disputes.

Helping you tell your story about domestic abuse

Call Downs Law Offices at 312-781-1963 or contact us online to discuss your case with a knowledgeable and sympathetic attorney who can listen to your side of the story and help you understand what options you have.