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Arlington Heights, IL family law attorney order of protection

Domestic violence affects the lives of millions of individuals in Illinois and across the country. If you, your child, or a disabled adult who you know have been abused or harassed, you may be interested in getting an order of protection. Called restraining orders in other states, an Illinois order of protection is a legal court order that prohibits someone from further harassment and abuse. It may require the abuser, called the respondent, from coming to your home, workplace, or school or contacting you. It may even require the respondent to move out of your shared home or surrender any firearms he or she owns.

Emergency Orders of Protection May Be Granted Based on Your Testimony

In Illinois, there are three main types of protection orders: emergency orders of protection, interim orders of protection, and plenary orders of protection. Emergency orders of protection (EOP) are often issued on the same day that they are requested. In most legal actions, the respondent must be served with notice of the action. However, an EOP may be granted “per se,” which means that the respondent is not present or notified of the court order. The EOP may be granted on your testimony alone.

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Arlington Heights family law attorneyStatistics regarding the prevalence of abuse and domestic violence are shocking. One in three women and one in four men have been physically abused by a spouse or significant other according to the National Coalition Against Domestic Violence. Of course, domestic violence does not only involve physical abuse. Verbal abuse, sexual abuse, financial abuse, stalking, psychological manipulation, gaslighting, and controlling a person through threats and intimidation are also forms of domestic violence. If you are considering divorce, and your spouse has abused you either physically, mentally, financially, or otherwise, there are several considerations you should keep in mind.

Filing for an Order of Protection

The foundation of most abuse involves the abuser’s desire for power and control. Sometimes, when a victim of abuse decides to leave an abusive partner, the abuser realizes he or she is losing that control and becomes even more violent. If you are planning to leave your abusive spouse, you may want to obtain an order of protection, sometimes referred to as a restraining order. An Emergency Order of Protection (EOP) is a legally-binding court order that prohibits an abusive or potentially abusive person from coming within a certain distance from or contacting the person who requested the order. An EOP can be obtained at your local county courthouse and lasts for up to 21 days. If you require protection after this period, you may petition the court for a Plenary Order of Protection which lasts up to two years. The order may also instruct the abusive person to stay away from your children. If you obtain an EOP against your spouse and he or she violates the terms of the EOP, you can call the police and have him or her immediately arrested.

Child Custody Concerns and Reaching a Fair Divorce Settlement

Domestic violence can have a significant impact on the allocation of parental responsibilities and parenting time. Illinois courts make all child-related decisions based on what is in the child’s best interests and will never place a child in a dangerous situation. This means that if your spouse has a history of violent behavior, his or her parenting time is likely to be limited. The court’s primary goal is to ensure that your children are safe and that their best interests are served. An experienced divorce lawyer can help you petition the court to give you full parental responsibilities. A lawyer is also an invaluable asset when it comes to reaching a fair property division arrangement and requesting spousal support, or alimony.

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