Abuse at the hands of a spouse or family member is a crime. In Illinois, domestic violence law covers physical abuse, intimidation and harassment. When another person tries to control you with physical, sexual, emotional or financial abuse, then criminal domestic violence is probably occurring.
At Thaddeus M. Bond, Jr. & Associates, our experienced family law attorneys know how to file orders of protection, whether it is part of a divorce proceeding or a standalone order. To learn more or to arrange a free claim evaluation, please call our Waukegan and Libertyville law firm at 847-599-9101.
If you aren't ready to call our lawyers but need help now, please call the Chicagoland Domestic Violence Help Line at 1-877-863-6338, or the National Domestic Violence Hotline at 1-800-799-SAFE.
These phone lines are open 24 hours daily. The hotline has both Spanish and English speaking advocates available to help. You can use the numbers on the phone to communicate if you are in the presence of the abuser.
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Illinois Domestic Violence Law
Domestic violence/abuse includes:
- Interference with personal liberty
- Willful deprivation
The Illinois Domestic Violence Act (IDVA) protects victims of abuse perpetrated by "family or household members," which includes:
- Former spouses
- Blood relatives
- Former boyfriends/girlfriends
- People with an alleged child in common
- People who live in the same home or used to live in the same home
With more than 50 years of combined experience, the attorneys at our law firm are extensively familiar with the types of family laws in Illinois that may affect your situation and your ability to seek protection from your abuser.
What To Do Next
If you are leaving an abusive relationship, you must put your safety first. Then call our attorneys. We offer services with multiple issues you may be dealing with:
- Obtaining an Order of Protection. These are also called "restraining orders." They are issued by the Court and restrict the activity/proximity the alleged abuser can have in relation to you.
- Obtaining Exclusive Protection of Marital Residence. Under limited circumstances, the Court may grant you this type of order, which basically evicts the abuser from your home and disallows them from entering until the divorce proceedings are complete. The petition for Exclusive Protection may be granted if it can be shown that the spouse and/or children are in danger physically or mentally. It is a high standard that must be met, but we can determine if it is appropriate in your case.
We can help with filling out the order of protection forms and with filing them with the court. Additionally, we can help with the hearings involved, as well as gather witness information and evidence.
How to Get an Order of Protection
The exact details of an Order of Protection varies based on the situation. The order may be created to:
- Stop the abuse
- Prevent the "respondent" (which is the abuser or the accused) from making contact with the victim
- Require the respondent to physically stay away from the victim and their children
- Require the respondent to pay child support
- Change the terms of child support and/or custody
- Require the respondent to leave the shared home
These orders can be obtained in a civil proceeding, such as divorce or guardianship hearing. Or they may be ordered solely on the basis of alleged domestic violence. If the respondent violates the order, they may be arrested and charged with a crime.
There are three types of Orders of Protection (OPs):
- Emergency OP. This order takes effect as soon as the judge orders it, and it does not require the abuser to be informed about the hearing. They last 2-3 weeks.
- Interim OP. This order lasts up to 30 days. It is typically granted once the alleged abuser has been served or attempts have been made to serve him.
- Plenary OP. Hearings must be held with both the petitioner (the person seeking protection) and the respondent (the person accused of abuse) in order for a plenary order to be issued. The lifetime of these orders is variable. As part of a divorce, a plenary order may last as long as the divorce decree.
Domestic Violence Resources
Please use the following resources if you or your children are experiencing abuse at the hands of your spouse, family member or a household member:
- Illinois domestic violence helpline: 1-877-863-6338
- Domestic violence agencies by city
- Illinois Department of Human Services
- City of Chicago Division on Domestic Violence
- Illinois State Police
Our attorneys are ready to provide legal guidance when you decide to pursue safety and justice through the courts.
Domestic Abuse Attorneys Serving Lake County
For a FREE case evaluation, please call the Law Offices of Thaddeus M. Bond, Jr. & Associates at 847-599-9101. With offices in Waukegan and Libertyville, we proudly and skillfully advocate for victims of domestic violence and their children from Gurnee, all of Lake County and the surrounding areas in Illinois.