Wheaton Domestic Violence Attorneys

Winfield domestic abuse lawyer for emergency orders of protection

Lawyers Helping Obtain Orders of Protection or Defend Against False Claims of Domestic Abuse in DuPage County

Domestic violence is an issue that affects many families. Nobody should have to suffer violence or abuse in their home, and victims should be sure to understand the steps they can take to escape an abusive situation and protect the safety of themselves, their children, or other loved ones. In these cases, a family law attorney can work with family members to obtain an order of protection that will prevent an abuser from harming them while addressing their ongoing needs.

At McSwain Nagle & Giese, P.C., our lawyers have more than 65 years of combined legal experience, and we have represented family members in a wide variety of difficult situations. If you have been the victim of abuse, or if you are afraid for the safety of yourself or your family members, we can help you determine your legal options for obtaining an order of protection. We also provide representation for those who have been falsely accused of abuse, helping them defend against orders of protection and maintain relationships with their children or other family members.

Illinois Domestic Violence Laws

According to the Illinois Domestic Violence Act (750 ILCS 60/103), domestic violence may include the infliction of physical harm, as well as multiple other types of abusive actions taken against a family member. An abuser may interfere with the personal liberty of a family member or commit acts of willful deprivation in which they refuse to provide the food, shelter, or medical treatment a person needs. Domestic violence may also involve harassment, such as repeatedly calling or contacting someone, following someone around in public, or keeping them under surveillance while at home, work, or school.

Domestic violence may be committed against a person's "family or household members." These may include spouses or ex-spouses, romantic partners or former partners, children or step-children, other relatives connected by blood or marriage, people who live in the same home, and people with disabilities and their caretakers.

Orders of Protection

Family or household members who have experienced domestic violence or who have a reasonable fear that they or their children are at risk of harm may obtain an order of protection against their abuser. If immediate protection is needed, a person can file a petition for an emergency order of protection, commonly known as a restraining order. A hearing for this type of order of protection can be held without notifying the respondent.

If an emergency order is issued, it will take effect immediately, and it will typically last for 21 days. A hearing will then be scheduled to determine whether more permanent protections will be needed, and each party will have the chance to present evidence and arguments for why continued protection is or is not needed. At the conclusion of this hearing, a plenary order of protection may be issued, and this type of order may remain in effect for up to two years.

The Illinois Domestic Violence Act (750 ILCS 60/214) specifies different types of restrictions, known as "remedies," that an order of protection can impose. These may include:

  • Prohibiting any further acts of domestic violence or abuse.
  • A "stay away" order requiring the respondent to remain a certain distance from those named in the order, including when they are at home, at work, or in public. A respondent may also be prohibited from contacting the petitioner in any way, including via phone, email, text message, social media, or sending messages through third parties.
  • Temporarily allocating parental responsibilities to grant the petitioner sole decision-making responsibility for children or placing restrictions on parenting time, such as requiring that supervision be present when the respondent is with their children.
  • Setting an amount of child support or spousal support that the respondent will pay to the petitioner.
  • Granting exclusive possession of a residence the parties share to the petitioner.
  • Requiring the respondent to reimburse the petitioner for financial losses, including the costs of medical treatment for injuries inflicted or repayment for property that was destroyed.
  • Requiring the respondent to attend anger management or substance abuse counseling or other forms of psychological or psychiatric treatment.
  • Prohibiting the respondent from owning or possessing any firearms.

Contact Our Naperville Order of Protection Attorneys

Our attorneys can provide you with the legal representation you need to obtain an order of protection or defend against a restraining order that was based on false allegations of domestic violence or abuse. To learn more about how we can assist in your case, contact us at 630-407-1200 to schedule a free consultation. We represent clients in DuPage, Will, Kendall, Cook, and Kane Counties, including Wheaton, Warrenville, Glendale Heights, Glen Ellyn, Naperville, Winfield, and Carol Stream. 

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