Unfortunately, domestic violence is a serious issue in Illinois and throughout the United States. If you have been a victim of this unlawful conduct, it is important to seek the help of an attorney. At the Law Offices of Nick Kulagin, our sensitive family law lawyers have 15 years of experience representing DuPage and Kane County residents in proceedings involving protection orders and related matters. Based in Wheaton, we are committed to protecting the safety of you and your family.Pursuing a Temporary Restraining Order after an Incident of Domestic Violence
Domestic violence is a broad term that encompasses many different types of abuse, including hitting, verbally threatening, harassing, or interfering with the personal liberty of another family or household member. Under Illinois law, family or household members are defined as:
- Family members related by blood;
- Individuals related by marriage or prior marriage;
- Individuals who share or used to share a home or other common dwelling;
- Individuals who have a child in common;
- Individuals who are dating, engaged, or used to date; and
- Individuals with disabilities and their personal assistants.
If you are a victim of domestic violence, you can potentially obtain relief by requesting an order of protection. This is appropriate if you have a reasonable fear of physical, emotional, mental, or sexual abuse. An order of protection is a court-issued order that prevents an individual from engaging in any activity that may compromise your safety or security. For example, the court may order the person harassing you to cease all communication. The order of protection typically applies to all locations, such as residences or a place of employment or study.
There are several types of protective orders in Illinois. Emergency orders can be entered on the same day and mandate that the threatening person cannot come within a certain distance of the victim or his or her minor children. The accused individual does not have to be present for an emergency order to be issued. These orders typically last 14-21 days. In order to obtain an emergency order, the victim must attend the hearing. There is typically an accompanying hearing to determine if a more permanent solution may be required for that particular situation.
When a hearing is scheduled after an order of protection expires, an interim order can be obtained to bridge the gap. For this to happen, the accused individual must have either appeared before a judge or been notified of the upcoming hearing. An interim order of protection can last for up to 30 days.
The accused individual must be present for a plenary order proceeding and given a chance to appear before the court. This type of order can last for up to two years.
It is important to bear in mind that domestic violence proceedings can have an impact on other family law matters, particularly those involving the couple’s children. When determining a custody arrangement, for example, a court may grant less parenting time to an individual with a history of domestic violence.Enlist a Knowledgeable Divorce Lawyer in Kane or DuPage County
Our compassionate divorce attorneys have the dedication and experience to guide people in Kane and DuPage Counties through stressful domestic violence situations. We understand that these matters can be extremely difficult and emotionally charged, and we handle each case with sensitivity and care. At the Law Offices of Nick Kulagin, we also can assist individuals in Naperville, Hoffman Estates, Mount Prospect, and Oak Park, among other communities. Call us at 630-480-6399 or contact us online to set up a free consultation.