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February 13, 2017

Protective Orders in Domestic Violence Cases

Domestic Violence



Sometimes relationships appear rosy and congenial on the outside, but behind closed doors, they can be full of torment and both physical and mental harm. Partners and spouses can successfully conceal domestic issues from others, while many quietly suffer behind closed doors. Abused spouses may be afraid to speak out due to cultural reasons, fear of losing their reputation, or because they have no one to turn to or confide in. One in three women, and one in four men in the United States, have experienced some form of physical violence by an intimate partner and in 2014, a staggering 65,800 intimate violence incidents were reported to Illinois law enforcement. These statistics, sadly, do not take into account the many cases that are never reported.

If you or a loved one is suffering at the hands of an abusive partner, there are legal protections available to you. An experienced family law attorney will assist you in obtaining the right protection for you. Your safety is a priority.

Abusive Relationships

As per the State of Illinois Attorney General:

“Domestic violence is a crime. Any person who hits, chokes, kicks, threatens, harasses, or interferes with the personal liberty of another family or household member has broken Illinois Domestic Violence law…”

There is no excuse for domestic violence. Clearly, the aggressor has underlying issues or addictions where therapy and rehabilitation are needed. Whatever the underlying triggers may be, they manifest in violent outbursts of harm towards their loved ones and whoever may be under their care. Family members under their care can include those beyond the typical husband and wife dynamic, such as a blood relative, a couple’s shared child or even caregivers and their patients with disabilities. These relationships all deserve protection from harm in the eyes of the law.

An Option for Protection

One of the first legal options if you find yourself in a domestic violence situation is obtaining an order of protection. An order of protection is a court order which places certain restrictions on an abuser and is available to family or household members.

In the event you have experienced an incident of domestic abuse, your first action should be to call the police. Your safety and the safety of any children you share is paramount. Next, retaining the services of an experienced family law attorney will enable you to navigate your legal steps effectively. Your attorney can file an order of protection on your behalf in court and once it is in place, it offers protections such as the following:

  • Prohibit your abuser from continuing threats and abuse towards you including physical abuse, harassment, and intimidation;
  • Bars the abuser from your shared residence;
  • Orders the abuser to stay away from you at your workplace or other locations;
  • Gives you temporary physical possession of your children or gives you temporary legal custody; and
  • Requires your abuser to turn in any weapons they own, over to local law enforcement if there is a danger that they may be used against you.

Legal Counsel with Compassion

Hiring a professional, knowledgeable and compassionate DuPage County family law attorney will increase your chances of protecting yourself to the fullest extent possible. Mulyk Laho Law, LLC are family law attorneys who have the depth of experience to assist you in matters of domestic violence. Their diligent and capable attorneys will assist you in obtaining the most protection possible, from your abuser. Do not suffer in silence. You deserve better and we can help. Call today to set up an initial complimentary consultation.

Sources:

http://ncadv.org/files/Illinois.pdf

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500

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