Domestic Violence & Orders of Protection

Chicago, Illinois Domestic Violence & Orders of Protection Lawyer

Serving residents of Cook, DuPage, Kane, Kendall and Lake Counties
In Illinois, family and household members are protected against repeated physical abuse and harassment by the Illinois Domestic Violence Act. This act protects blood-related family members, people who live in the same home, spouses, and people with a disability. If a family or household members is suffering from abuse, they can have an Order of Protection that will forbid the abuser from continuing with their harassment or physical abuse. This protection includes using physical force to confine another, interfering with someone’s personal liberty, or purposefully withholding medication or medical services for an elderly or disabled person. The Illinois Domestic Violence Act can also be violated if a person is neglectful in providing a safe environment or withholding care from a disabled person.

In most cases of domestic violence, the matter is an emergency that necessitates attention immediately.
In an Emergency Order of Protection, the order is issued by the court, but the alleged abuser does not receive notice. An Emergency Order of Protection is valid for 14-21 days. If the alleged abuser did receive notice of the hearing, the court could enter an Interim Order of Protection, which would be in effect for up to 30 days. After the court has had an evidentiary hearing, they may decide to enter a Plenary Order of Protection, which would be in effect for up to 2 years.

If the Order of Protection is violated, it is considered a crime. If a law enforcement officer has probable cause in believing that a person has violated their Order of Protection, they can arrest that person even without a warrant. If an Order of Protection is needed, it is important to contact experienced attorney, Martin Osinski, to help make sure that you receive the protection you need.
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