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Posted on in Domestic Violence

domestic abuse IMAGEIt’s an uncomfortable topic to discuss, but domestic violence is all around us, and happens more frequently than we would like to think. Domestic violence or abuse exists in all races, age groups, socioeconomic groups, and genders. However, there are ways to escape domestic abuse and find safety.

It’s important to note that getting out of an abusive relationship is not always easy. Both the hope that things will eventually work out and the fear of what the partner will do if the victim tries to leave can be difficult to overcome. Many people in abusive relationships feel trapped and helpless, but there are many resources available to help.

If you do decide to leave your abusive partner, there are a few things you want to make sure to take with you, including, but not limited to, the following:

If you are a victim of domestic violence, sometimes you have no option except to file for an order of protection. However, when doing so, it is important to consider which type will best suit your needs. A post by womenslaw.org has explained the three different types of orders of protection and how long they each last.

order of protection Lara April 17The first type of order of protection is an emergency order. You can obtain this type of order of protection based solely on your testimony to a judge. The judge will then have the power to grant the order-without notifying the abuser or having them present in court-if the harm you are attempting to end will be likely to occur if the abuser is notified of your application for the order. The only way the abuser will be removed from your shared home is if the judge believes the seriousness of the danger of abuse is more important than the problems caused by the abuser being removed from their home without notice. An emergency order of protection will provide short-term, temporary protection.

The second type of order of protection is an interim order. It is not necessary for you to have a full court hearing in order to be granted this order. However, in this case the abuser will have to make an appearance before the court or be notified of the date of your court hearing. These orders are generally used to protect you during the time after your emergency order expires and your plenary order begins. An interim order will only last for up to 30 days.

Geneva, IL Family Law Attorney    (Leevi)

The Violence Against Women Act, the law meant to prevent domestic abuse, has been expanded to protect gays, immigrants, Native Americans and sex-trafficking victims, according to the Chicago Tribune. President Barack Obama signed the updated version of the law at the Interior Department on March 7.

Don't put up with abuse. Contact a Geneva, IL Family Law Attorney as soon as possible.The new version of the law guarantees that Native American Indian women have better legal protection against abusers. Violent partners can now be arrested and prosecuted on Indian lands. The new law also makes shelters and other services more accessible to lesbian, gay, bisexual and transgender victims, and protects people from being discriminated.

Milton Bradley, 34, has been charged with abusing his estranged wife on January 11, according to this article from ABC news.

Bradley, a former Chicago Cubs outfielder, faces 13 misdemeanor counts of assault with a deadly weapon, vandalism and dissuading a witness from making a report. He could receive up to 13 years in prison and $13,000 in fines and restitution if convicted.

There have been other instances of domestic disturbance between Bradley and his wife. In 2011 and 2012, prosecutors say he threatened his wife five times—and was arrested twice in 2011. Although the wife has given details of certain encounters, Bradley maintains that she’s lying about the alleged abuse. He told his lawyer that “she's making up stories. I don't know what she's talking about.” Some of the allegations include Bradley kicking his wife in the ribs, threatening her with a knife, and choking her after she asked that he not smoke marijuana in front of their two kids. Currently, the two are in the middle of a contentious divorce.

Domestic violence is a serious crime that can have long-lasting consequences. Every effort should be taken to end the violence as soon as possible. One of the ways to protect the victim from further abuse is to obtain an order of protection.

An order of protection is a legal injunction which orders the abuser to stop harming and stalking the victim in any way. Furthermore, the abuser is not allowed to come near the victim, and they may no longer reside in the same place.  If the abuser refuses to comply with the order, they must face penalties and sanctions which can be, for example, prison time or fines.

Anyone who has been abused by a family or household member can petition for an order of protection. Likewise, any person can apply for the order on behalf of an abused minor or a disabled adult as long as the abuser is a family or household member. The Illinois Domestic Violence Act also protects anyone who is residing or working at a private home or public shelter that takes care of an abuse victim. An order of protection can be issued even without there being any obvious physical injuries on the victim.

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