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Kane County family law attorney order of protection

After a trying year due to COVID-19, many people are looking forward to 2021 with a vaccine being distributed throughout the country. However, there is growing concern that there could be a pandemic within the pandemic. Reports of domestic abuse have increased during the months of 2020. With much of the country’s workforce laid off or working remotely from home, and the uncertainty of the virus, tensions in many households have run high. Although stay-at-home orders issued at the start of the health crisis were intended to protect the public and prevent widespread infection, they left many victims of intimate partner violence (IPV) trapped with their abusers. However, they do have options for protecting themselves and their children. 

Illinois Orders of Protection 

Those who are subjected to abuse or harassment can take legal action against their abusers. Orders of protection, also known as restraining orders, are typically sought by domestic violence victims. Under Illinois law, emergency orders can be obtained immediately and may last up to 21 days. Plenary orders can last up to two years but may be extended in certain situations. If someone fears for their safety or that of their children, then it is critical to seek help and take steps to get out of the dangerous situation.  

domestic violence health issue, domestic abuse, domestic violence offenders, Geneva family law attorney, intimate partner violence, medical health services, mental health services, order of protectionDomestic violence in the U.S. is at epidemic proportions. Every year, at least 1,200 women are killed in acts of domestic abuse and another 320,000 arrive at emergency rooms or a doctors offices with injuries caused by an intimate partner. It is estimated that domestic violence cost $8.3 billion annually just on medical and mental health services alone.

In a recent study, one in five men admitted to incidents of domestic violence against their spouse or intimate partner. The study also discovered that there are certain medical issues that may serve as warning signs that a patient may have a propensity towards domestic abuse.

The study was conducted by the University of Michigan and included 530 male participants from the National Comorbidity Survey-Replication of 2001-2003. The average age of the men was 42 years old. Approximately 75 percent of the men were classified as non-Hispanic white. Almost 60 percent of participants had extended their education beyond high school and 84 percent of the men were employed.

Geneva domestic violence attorneys, Orders of Protection, battered women, domestic violence, Illinois domestic violence lawyer Domestic violence is a large problem in our society today. According to Illinois State Police, a woman in the United States is beaten every 15 seconds. Victims of domestic abuse sometimes feel that there is no hope for their situations, but that is not the case. Fortunately, there are ways to end the destructive cycle of domestic violence, the most effective being an Order of Protection.

An Order of Protection is a legal order from a judge that contains ‘remedies” that order an abuser to take certain actions or prohibit an abuser from taking certain actions. If the abuser fails to follow the remedies, or carries out a prohibited act, he or she may be arrested.

There are three basic types of Orders of Protection. The first and least temporary of the three is known as an Emergency Order. These can be obtained based solely on a testimony to a judge. The judge is permitted to grant this order even without prior notice to the abuser or the abuser being present in court if it is apparent that you will be subject to more abuse if he or she is notified. These orders typically only last 14 to 21 days.

The next type of order is referred to as an Interim Order of Protection. These are a bit more permanent than the Emergency orders, lasting up to 30 days. A full court hearing is not necessary in order to be granted an Interim Order. However, it is true that the abuser must be given notification of the date of your court hearing. These orders are typically used during the time after an Emergency Order expires, before your full court hearing for a Plenary Order occurs.

Posted on in Divorce

Illinois lawmakers take domestic violence very seriously.  They recognize that domestic violence is a crime that causes disharmony in families, emotionally unstable environments, and promotes a cycle of escalating violence in the home.  Therefore, legislators enacted the Illinois Domestic Violence Act to protect victims of domestic abuse and help to stop the pattern of violence in Illinois homes.

  Within the definition of domestic violence, the law includes:

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.

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