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domestic violence, Kane County family law attorneyAccusations of domestic violence are all too common in family law cases. While there is no doubting the serious problem of domestic violence among families in Illinois, sometimes the accusations are not true. If you have been accused of domestic violence, you need to understand what you can do in family court to defend yourself.

Protective Orders and Temporary Restraining Orders

Victims of domestic violence in Illinois are able to apply for a protective order or a temporary restraining order without any advance notice to the alleged abuser. The judge will issue the order if the victim’s application meets all of the legal requirements.

domestic violence, eviction, Illinois Family Law AttorneyWhile it is understandable that few people would prefer to live near neighbors who are constantly being visited by the police, recently passed legislation limits the application of so-called “nuisance-property” ordinances when the situation involves domestic violence. The law is being touted by the American Civil Liberties Union (ACLU) as a step in the right direction toward protecting the rights of domestic violence victims.

Nuisance Properties

Over the last several years, cities and municipalities in Illinois and around the country have enacted local ordinances to combat crime and to promote neighborhood responsibility. These laws, in general, hold a landlord responsible, to an extent, for the behavior of his or her tenants, and the property owner may be subject to fines and penalties if the property becomes a nuisance. In response, landlords have begun evicting tenants if the police are called to a particular home too often. While such actions may seem reasonable in the fight against illegal drug activity, for example, it has also led to victims of domestic violence being evicted simply for calling for help.

out of your home, domestic abuse, Illinois family lawyerIt can be extremely difficult to get an abusive spouse to leave your family home. You will need to file a motion with the court to have it exercise its right to order your spouse to leave. This right is known as “equitable jurisdiction.”  Under equitable jurisdiction, the court may, when necessary, take action that it normally would not take to protect an individual or uphold justice.

In a case where you or your child are being abused, you will need to prove to the court that the abuse occurred to have your spouse removed from your home. This, however, can often be difficult. If it is safe to do so, document all instances of abuse in any way possible. You may wish to provide witness testimony, photographs of injuries, or recordings of verbal threats.

You cannot kick your spouse out of your home without court intervention. Your home is shared property and your spouse has the same legal right to remain in the home as you have. Do not, under any circumstance, fraudulently accuse your spouse of abuse in an effort to have him or her removed from your home – if such action is discovered, it can have a negative impact on your divorce proceeding. If you are in immediate danger, get yourself out as soon as possible and get to a safe place. Once you are safe, contact a divorce attorney to discuss your options for removing your spouse from the home.

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.

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