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November 4, 2016

Protective Orders: What They Encompass

Domestic Violence



A husband and wife can face many issues and much turmoil during their relationship. Being able to work together, compromise and achieve a balance are some tools couples use to move forward from tension. Unfortunately, some issues do not permanently go away or have a “go to” solution. Some problems are serious and manifest over time, escalating to episodes of domestic abuse. In the Unites States, a woman is abused every nine seconds.

One issue that can lead to this is the problem of addiction – alcohol or drugs as examples. One school of thought is that the person under the influence is not themselves and it’s the alcohol talking. But others take the stance that it’s a constant problem, an addiction that needs serious treatment otherwise the consequences for a spouse and children could be deadly.

If your loved one is in a situation like this, let them know there is help to be sought and ways to protect themselves. Engaging a family law attorney to help protect their rights is a confidence-boosting step in the right direction.

What Constitutes Abuse?

The United States Department of Justice states clearly what domestic abuse is, the flawed reasoning behind it and the forms it can take. Here is what they say:

“We define domestic violence as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.  Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

When a partner or spouse has deteriorated into a mental and physical state to harm their life partner or spouse, a very real threat of harm can ensue. In most cases, the male is the aggressor and often the sheer size of a male over a female partner can be intimidating and dangerous.

The trickle down effect of the abuse can create life-long issues especially for children, who have witnessed the abuse, the neighborhood in which they live, work life, and other friends who become entangled in the situation.

What Is a Protective Order and How Can It Help?

In the event of an abusive situation in a relationship, what are your legal options? One is seeking what is known as a protective order. Just like the name states, it is a legal avenue to help protect the abused partner or spouse and also children in the household.

A protective order is a court order available to family members and can prohibit, order or require the abuser to do – or refrain from – certain activities.

These are some examples of the protection you can be afforded if you find yourself in an abusive situation.

The abuser can be:

Ordered to:

  • Stay away from you and other persons protected by the order and/or bar abuser from your work, school, or other specific locations.

Prohibited from:

  • Continuing threats and abuse; and
  • Hiding a child from you or taking a child out of state

Required to:

  • Attend counseling;
  • To pay you support for minor children living with you; and
  • To turn weapons over to local law enforcement.

You can also be awarded temporary physical possession of children and given temporary legal custody.

Hiring an Attorney

Retaining the services of a skilled DuPage County family law attorney will prove to be in your best interests of yourself and your children. Their experience can help make sure you have the best and most protective coverage possible in your particular circumstances. They will also advise of your legal rights and, in the event, you are contacted by the abuser or any of the terms of the order of protection are violated, they will act accordingly to make sure your abuser face the penalties for doing so. The attorneys at Mulyk Laho Law, LLC have the depth of knowledge and experience who will work diligently and thoroughly to serve your needs.

Sources:

Domestic Violence Statistics

https://www.justice.gov/ovw/domestic-violence

http://www.illinoisattorneygeneral.gov/women/victims.html

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