Divorce and Family Law

Domestic Violence-Orders of Protection

Domestic violence is deplorable, ruins lives, and enslaves and imprisons victims who too often are unable to seek help because of a paralyzing sense of fear. Further, false accusations of domestic violence are sometimes used as a tactic to gain an advantage in divorce cases, and can also ruin lives, careers, and family relationships.

Whether you are a victim of domestic violence or the victim of false accusations of domestic violence, the divorce lawyers at Bruning & Associates, P.C. will fight to protect your rights and help you obtain or defend restraining orders referred to as orders of protection and/or stalking – no-contact orders. Our attorneys have extensive experience, backed by in-depth knowledge of the laws and court procedural rules involved with these cases. Please contact us right away to schedule a no-cost consultation with an Illinois domestic violence and orders of protection lawyer. Some background information about the relevant concepts and legal process is also helpful.

Overview of Domestic Violence Laws in Illinois

While physical assault and attacks are criminal offenses in Illinois, there are situations where the potential for jail time and fines is insufficient to discourage future violence. To provide additional protections for victims, Illinois has established a process for obtaining an order of protection. The Illinois Courts offers resources on such matters. Our attorneys at Bruning & Associates, P.C. can explain the details, but you should note a few points about the laws:

A person who is subject to domestic violence by a family or household member can obtain a protective order, including those related by blood, current and former spouses, parents who have a child in common, and those in dating relationships.

An Illinois domestic violence order of protection prohibits physical attacks and threats but can cover many other actions. The person may be barred from a shared residence, be ordered to stay away from the victim, forced to undergo counseling, and forbidden to have contact with children.
It is not necessary that the abuser be arrested for a criminal offense for a victim to seek a restraining order. However, if there are charges, the abuser will be prohibited from contacting the victim. Failure to comply with the law is a Class A Misdemeanor punishable by jail time and fines.
Once an order of protection is entered by a court, it has the effect of law. Any violation is also a Class A Misdemeanor but could rise to the level of a felony for subsequent failures to comply with the court’s order.

Legal Process for Orders of Protection

In cases of domestic violence, a victim can initiate the process by filing a petition for an emergency order of protection containing the specific allegations of abuse; the abuser is termed the respondent. Because of the risk of harm to the petitioner, the respondent is not entitled to notice of the proceedings. The judge can issue a restraining order based upon the sworn statements of the petitioner alone, and it will be served to the respondent via police officers.

However, because the respondent did not receive notice as would normally be required by law, the emergency order of protection can only remain in place for 14 to 21 days. If necessary, a petitioner can obtain an interim order that will protect his or her safety until returning to court

The purpose of the next hearing is to determine whether the order should be extended. The respondent does have notice of this hearing on a plenary order of protection, so he or she will have the opportunity to defend the allegations. A plenary order of protection can last up to 2 years.

Bruning & Associates, P.C. will handle all of the necessary tasks involved with Illinois domestic violence and orders of protection. We will assist with completing the proper forms and guide you in preparing your sworn statement so that all essential details are before the court. Omissions can lead to delays, or a judge may refuse to grant the order. Keep in mind that a sworn statement has the effect of testimony in court, under oath. False statements or misrepresentations have serious consequences.

Defending Domestic Violence Allegations

If you are in the position to defend allegations of domestic violence, our lawyers at Bruning & Associates, P.C. understand the frustration and confusion you may be experiencing. The wise way to approach your situation is to get started on a defense strategy right away. Besides getting in touch with our lawyers right away, keep in mind a few tips:

From the above, you can see that the consequences for violating an order are serious. Strictly comply with the instructions in the restraining order.
Avoid posting to social media regarding your circumstances.
Go through all communications between you and the accuser, as there may be important information to defend the allegations.
Gather additional evidence that exposes weaknesses in the claims by your accuser.
Consider witnesses who can corroborate your side of the story.
When the date listed on the order of protection arrives, dress professionally, show up early, and be polite to all court officials.

An Illinois Domestic Violence and Orders of Protection Attorney Will Advise You

At Bruning & Associates, P.C., we know that the idea of going to court can seem terrifying when you are also living in fear. Our team strives to make the process as smooth and stress-free as possible, but we will aggressively work to protect you and your family. If you receive paperwork as a respondent, legal representation is critical. You deserve to be heard, so we will take advantage of your opportunity to contest the accusations in court.

Please contact Bruning & Associates, P.C. today to schedule your free consultation regarding restraining orders, orders of protection, stalking – no-contact orders, and domestic violence with one of our Illinois domestic violence lawyers. Our firm has offices conveniently located near you in Chicago, Schaumburg, and Crystal Lake, Illinois.

Serving clients with respect to restraining orders, orders of protection, stalking – no-contact orders, and domestic violence matters in Northern Illinois, including Cook County, DuPage County, Kane County, McHenry County, Lake County, Will County, Boone County, DeKalb County, Kendall County, LaSalle County, and Winnebago County.

Chicago

Crystal Lake

Schaumburg