DuPage County Orders of Protection Attorneys
Domestic Violence and Orders of Protection Lawyers Serving Wheaton, Illinois
During a divorce or domestic dispute, one (or more) parties may feel threatened and in danger. When this occurs, orders of protection can be a powerful remedy. However, while an order of protection can be used effectively to put an end to abuse or domestic violence, it can also be misused to falsely accuse someone of threatening behavior. In either case, it is critical to have an experienced family law attorney in your corner to ensure that your rights are protected.
At Momkus McCluskey LLC, our family law and divorce group has in-depth knowledge of orders of protection and how they can be effectively used in your specific circumstance. We work closely with our civil litigation and appellate practice teams to prepare a rock-solid case that will hold up even if it is appealed to a higher court. Our clients are our top priority, and we take the time to fully assess your situation and craft the most practical strategy to accomplish your goals. Our attorneys are responsive and compassionate; we understand what you are going through and we fight hard to protect your interests and ensure your safety, as well as the safety of your family.
Domestic Violence in Illinois
The Illinois Domestic Violence Act lays out what the law defines as abuse. In general, these are behaviors meant to threaten, mistreat or harm another individual. Some examples include:
- Willful Deprivation;
- Interfering with Personal Liberty; and
- Physical Abuse (e.g. assault, battery, molestation, etc.).
Abuse can occur between parents/stepparents and children, divorcing/divorced couples, couples living together, caregivers and their elderly/disabled patients and any other household or family members.
Orders of Protection in Illinois
There are a wide range of relief options that can be sought if someone feels threatened or endangered. Orders of protection can be used for the following:
- Preventing the alleged abuser from continuing the threatening and abusive behavior.
- Preventing the alleged abuser from coming near the persons protected by the order as well as their place of work, school, etc.
- Preventing the alleged abuser from entering a shared residence.
- Temporarily revoking child custody from the alleged abuser.
- Preventing the alleged abuser from kidnapping a child and/or taking them to another state.
- Compelling the alleged abuser to seek counseling.
- Requiring the alleged abuser to turn over certain personal property.
There are three types of orders of protection: emergency, interim, and plenary. Emergency orders are effective immediately and are valid for up to 21 days. With an emergency order, the alleged abuser does not need to be notified or appear for the order to take effect. Plenary orders can only be granted after the alleged abuser is notified and provide protection for up to two years.
Orders of protection are sometimes requested in conjunction with a divorce. They can also be filed separately in civil court or requested in a criminal proceeding. To be successful, substantial evidence of abuse must be presented. If you feel endangered and believe you need an order of protection, it is important to compile as much proof as possible; e.g. photos, electronic communications, police reports, medical records and witnesses. The same applies if you have been falsely accused and/or served with a protection order.
At Momkus McCluskey LLC, our skilled attorneys can guide you through the evidence-gathering and investigation process so we can build the strongest possible case and ensure that your rights are protected. Contact us today at (630) 434-0400 for a consultation. We provide advice and counsel from our team of experienced and compassionate orders of protection lawyers in DuPage County, Lisle, Naperville and Downers Grove.