Dupage County Lawyers

DuPage County Order Of Protection And Restraining Order Attorney

REAL PROBLEMS. REAL SOLUTIONS.

Domestic violence can and does kill, so if you are living with abuse, intimidation, violence, or under the threat of violence, you should seek immediate protection.  An order of protection, a court order requiring a named individual to stay a certain distance away from another for a specified period of time, for the protection of the other person, can help.

The experienced Illinois domestic violence protection attorneys at Wolfe & Stec, Ltd., will make sure that you receive temporary or long-term protection from someone who has made threats against or shown violent behavior toward you.  Our lawyers are well-known for handling domestic abuse and family law , neglect, and related family law issues.  Our team is aggressive in the courtroom and consistently provides personalized attention for clients.

We understand the seriousness of what you are going through. For a free initial consultation with a seasoned and compassionate DuPage County family law attorney, contact us online or call 630-305-0222.

Who Can Get An Order Of Protection?

  • spouses and ex-spouses
  • persons in dating relationships or who have previously dated
  • persons in same-sex relationships
  • household members and roommates
  • parent, step-parent or grandparent, child or step-child
  • person with whom you have a child in common
  • person with whom you share or allegedly share a blood relationship with through a child
  • person related to you by blood or by your present or former marriage
  • person who you live with or have lived with in the past
  • your personal assistant or caregiver if you are disabled
  • person living or employed at a private home or public shelter which houses an abused family or household member.

What Is Abuse and Domestic Violence?

Abuse is a repetitive pattern of behaviors to maintain power and control over another person. These behaviors physically harm, arouse fear, prevent people from doing what they wish or force them to behave in ways they do not want. Abuse includes the use of physical and sexual violence, threats and intimidation, emotional abuse and economic deprivation.

For the purposes of getting an order of protection in Illinois, domestic violence is defined as any of the following:

1) Physical abuse, including:

  • sexual abuse
  • physical force, confinement or restraint
  • purposeful, repeated and unnecessary sleep deprivation
  • behavior which creates an immediate risk of physical harm.

2) Harassment – unnecessary conduct which causes emotional distress, including:

  • creating a disturbance at or repeatedly telephoning someone’s work or school
  • repeatedly following someone in a public place or places
  • repeatedly keeping someone under surveillance
  • threatening physical force, confinement or restraint
  • improperly hiding your child from you or repeatedly threatening to do so
  • intimidation of a dependent – when the abuser makes you participate in or witness physical force, physical confinement, or restraint against any person
  • interference with personal liberty by physical abuse, harassment, intimidation or deprivation
  • willful deprivation–purposely denying an elderly or disabled person medication, medical care, shelter, food or other assistance needed, thereby putting that person at risk of physical, mental or emotional harm.

Physical abuse may involve any of the following:

  • Pulling your hair, punching, slapping, kicking, biting or choking
  • Forbidding you from eating or sleeping
  • Hurting you with weapons
  • Preventing you from calling the police or seeking medical attention
  • Harming your children
  • Abandoning you in unfamiliar places
  • Driving recklessly or dangerously with you in the car
  • Forcing you to use drugs or alcohol.

What Types Of Orders Of Protection Are Available?

Under Illinois law, actual violence does not have to occur for you to obtain an order of protection.  A threat, intimidation, harassment, stalking, or interference with personal liberty is sufficient grounds.  If you have experienced any of these abusive actions, our attorneys can act quickly to obtain a temporary restraining order and follow up by obtaining a permanent order.

There are three basic types of orders of protection in Illinois:

  • Emergency order of protection: This can be obtained almost immediately or within a few hours, without the presence of the person accused of the threat or act of violence. These last 14-21 days, specifically, until the hearing for the plenary order of protection.
  • Interim order of protection: This can offer an additional period of protection, if for some reason the plenary hearing is delayed.
  • Plenary order of protection: This can be issued after a court hearing in which the petitioner and the other party have the opportunity to tell their stories. The order can last up to two years and be renewed.

Punishments for violations of protection orders:

  • If someone knowingly violates a protection order, it is a class A misdemeanor.
  • If minors are involved, the charge increases to a Class 4 felony.
  • If the violation is willful and the violator is found to be in contempt of court, punishment may include jail, restitution, fines, attorney’s fees and costs, or community service.

 Illinois courts are encouraged to follow these guidelines:
1st violation: minimum 24 hours jail
2nd or subsequent violation: minimum 48 hours jail.
 

CONTACT US FOR HELP

If you are involved in a domestic violence situation, you should seek legal help immediately, before dangerous injuries can occur.  The experienced Illinois domestic violence protection lawyers at Wolfe & Stec, Ltd., will work to make sure that you receive necessary temporary or long-term protection from any person who has made threats or shown violent behavior toward you or a family member.

We understand what you are going through and can help.  Delaying can only make your situation worse and increase the danger, so contact us today. Our Illinois family laws attorneys represent clients in DuPage County, Naperville, Aurora, Wheaton, Downers Grove and Bolingbrook, Illinois and the entire Chicagoland area.

For a free initial consultation with a seasoned and compassionate DuPage County protective order lawyer, contact us online or call 630-305-0222.

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