ARLINGTON HEIGHTS PROTECTIVE ORDER ASSISTANCE IN FAMILY VIOLENCE CASES
At Buffalo Grove Law Offices, we understand just how the law can affect Illinois families. We counsel with clients on making decisions about seeking or defending against orders for protection. We also stand up for our clients in court.If you or someone you care about has become the victim of domestic violence, you may qualify for a protective order against a household member (or other person defined above). It may be possible to make the violence stop.
We also represent people who have been wrongly accused of causing domestic violence. Regardless of who you are or what your situation is, domestic violence can touch your life in ways that you never intended or expected. Contact us to get the help you need.
Temporary Restraining Orders
Any person in a divorce or a custody case can ask for temporary relief while the case in progress. A Temporary Restraining Order, or TRO, can provide certain rights and privileges to one of the parties, and specific obligations to the other party, before the case is done.At the end of the case, the TRO may become a final order, or it may not be needed any longer. TROs may include:
- Temporary custody;
- Temporary visitation;
- Temporary child support;
- Temporary maintenance (formerly known as alimony);
- Temporary division of bills;
- Temporary order that keeps the other party from selling or disposing of property;
- Temporary order that the child cannot be removed from the jurisdiction by a party;
- Attorney’s fees during the pendency of the case (interim attorney’s fees);
- Any other temporary relief that is appropriate to your case.
This section is not intended to include Orders of Protection. They are explained elsewhere in this website.
Domestic Abuse And Orders of Protection
Orders of Protection, also called restraining orders, are legal orders issued by the Illinois courts. Pursuant to the Illinois Domestic Violence Act (IDVA), an Order of Protection (OP) will be ordered by the court if the court finds that the person who requested the order (Petitioner) has been abused by a family member or other named individual.
The persons named as possible persons to be protected are: spouse, child, former spouse, sharing or formerly sharing a common dwelling, sharing a blood relationship through a child, having or allegedly having a child in common, having or having had a dating or engagement relationship, personal assistant to person with disabilities or a person who has responsibility for a high-risk adult with disabilities, parent, stepchild, other person related by blood or marriage.
How ‘Abuse” Is Defined Under The IDVA
Abuse: Physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include the reasonable direction of a minor child by a parent or person in loco parentis.
Elder Adult with Disabilities: An adult prevented by advanced age from taking appropriate action to protect himself or herself from abuse by a family or household member.
Adult with Disabilities: An elder adult with disabilities or a high-risk adult with disabilities. A person can be an adult with disabilities under this Act, even though he or she has never been adjudicated an incompetent adult in court. Note that no court proceeding may be initiated or continued on behalf of an adult with disabilities over that adult’s objection, “unless the proceeding is approved by his or her legal guardian, if any.
Exploitation: Illegal, including tortious, use of a high-risk adult with disabilities or of the assets or resources of a high-risk adult with disabilities.
Harassment: Knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances, would cause a reasonable person emotional distress, and does cause emotional distress to the person bringing the OP.
Asking The Court To Make The Abuser Leave The Residence
The Court can prohibit the abuser from entering or remaining in any residence, household, or premises of the person asking for the OP, if the person asking for the OP has a right to occupy the residence. If the Court does grant exclusive possession of the property, this order does not affect title to the property.
A person has the right to occupancy of a residence or household if it is solely or jointly owned or leased by that party, that party’s spouse, a person with a legal duty to support that party or a minor child in that party’s case, or by any person other than the alleged abuser that authorizes that party’s occupancy (like a domestic violence shelter). If both parties have the right to occupy the residence or household, the Court shall balance i) the hardships to both parties and the child(ren). The balance of hardships is presumed to favor possession by the person bringing the OP, unless the presumption is rebutted by strong evidence showing that the hardships to the abuser outweigh the hardships to the person bringing the OP and the child(ren).
In an Order of Protection, the Court can award temporary legal custody of a child or children, visitation, counseling, and possession of a residence among its remedies.
What Happens If An Order For Protection Is Violated?
If an Order for Protection is violated, the consequences can be very serious. Violaters can be arrested and prosecuted for a crime. They may also face a contempt of court action and be held in contempt of court. If the violation involves the failure to surrender child custody of a child, the child involved will be turned over to the custodial parent-and the violator will be arrested.
Following a jury trial, defendant was found guilty of domestic battery. He was sentenced to 2½ years’ imprisonment. He appealed. He argues contends that he was not proven guilty beyond a reasonable doubt. He claims that the State failed to present sufficient evidence that he was in a “dating relationship” with the victim. A rational…Read More
THE DOWN SIDE OF USING A PREPRINTED FORM The Trial Court entered a two year plenary order of protection. The male Respondent was ordered to stay 500 feet away from his ex-spouse and her 4 minor children for 1 year. The Respondent appealed. He argued that the circuit court erred in admitting into evidence…Read More
The parties had six children. Four of them were special needs children that they had adopted. Father had visited websites that contained child pornography. Mother discovered this when she was using the computer at home.Mother went to court to get an Order of Protection against Father. Father was found guilty. He was removed from the…Read More
Husband was convicted of two counts. Domestic battery and endangering the life or health of a child. The trial court sentenced him to 364 days’ imprisonment. He appealed. He argued that he should not have been convicted. He argued that the court allowed hearsay from his wife. Wife had made statements to a police officer…Read More
Defendant was charged by information with two counts of domestic battery. For striking and choking his stepsister. She was developmentally disabled. He opted for a jury trial. The court allowed a case worker to testify about what the victim told him. Defendant was convicted. The defendant appealed. He argued that the admission of the case…Read More
Defendant’s wife was charged with 2 counts of domestic battery against her husband. The case proceeded to a jury trial. Both sides gave closing arguments. Defense counsel told the jury that the husband had a “very powerful reason” to accuse his wife of battering him. That reason was that they were in the middle of…Read More