Schaumburg Domestic Violence Attorney

Lawyers Assisting With Orders of Protection in Schaumburg

Situations involving divorce and other family law disputes can be rife with conflict, and parents, children, or others who are involved in a case may experience strong emotions and contentious disputes. While bitterness, anger, and other emotional issues may develop, spouses or parents will often be able to find ways to deal with these concerns, minimize conflict whenever possible, and avoid the escalation of arguments. However, this is not always an option, and there are some cases where a person may act in a way that seems threatening to someone else, especially if there has already been a history of violent behavior or out-of-control arguments during a couple's relationship. In situations where a person's words or actions cause others to be concerned about the safety of themselves or their family members, steps may need to be taken to protect against physical or emotional harm.

At A. Traub & Associates, we understand the emotional difficulties that can affect family members in cases involving divorce, child custody, and other family law matters. For those who have experienced domestic violence or are concerned about the possibility that they or their children may suffer harm, we can assist in taking the necessary steps to receive protection against harm. For those who have been accused of committing abuse or putting family members at risk of harm, we can help respond to these accusations, ensure that their rights are protected, and resolve disputes in a way that will avoid causing harm to important family relationships. Regardless of the circumstances of your case, we will work tirelessly to help you achieve a positive outcome.

Requesting a Domestic Violence Order of Protection

According to Illinois law, an individual who has experienced domestic violence or other forms abuse that was committed by a member of their family or another person living in their household can file a petition in court requesting an order of protection. A person can file this type of request on behalf of themselves or other family members who may be at risk of harm, including their children or disabled adults who may be at risk of harm from a guardian or caregiver.

A petition for an order of protection may be filed as part of a divorce or family law case, or it may be a separate legal proceeding. Generally, when a person files a petition, they will ask for an emergency order of protection to be issued. If a judge believes immediate protection is necessary, an emergency order may be put in place without the need to notify the person who allegedly committed abuse (known as the respondent) beforehand. An emergency order of protection will take effect right away, and it will usually last for 21 days.

After an emergency order of protection is issued, the respondent will be notified and served with a copy of the order. A hearing will be scheduled where both the petitioner and the respondent can present arguments or evidence showing why continued protections are or are not necessary. If a judge chooses to put long-term protections in place, they will issue a plenary order of protection, which can last for a maximum of two years.

Restrictions an Order of Protection Can Put in Place

When a judge issues an order of protection, the terms of the order will usually state that the respondent is prohibited from engaging in any acts of domestic violence or abuse, as well as harassment, intimidating behavior, or other actions that would cause harm to the petitioner or others covered by the order, such as a couple's children. An emergency order of protection will usually state that the respondent cannot contact or communicate with the petitioner in any way while the order is in effect, including calling them on the phone, sending text messages or emails, leaving notes at home or at work, or sending messages through friends or family members. The respondent will usually be prohibited from going near the petitioner at all times, including when they are at home, work, or other locations. If children are included in the order, the respondent may also be prohibited from communicating with them, going near their schools, or attempting to take them away from the petitioner.

An emergency or plenary order of protection may also include a variety of other terms, which are known as "remedies." These may include:

• If the petitioner and respondent currently live together, the petitioner may be granted exclusive use of the couple's home, as well as other types of property, such as a vehicle or the funds in a shared bank account. The respondent may need to find alternate living arrangements while an order of protection is in effect, and if necessary, they may be allowed to enter the home during specified dates and times to retrieve certain belongings.
• Child custody decisions may be made, including allocating some or all parental responsibilities to one party or establishing parenting time arrangements that will allow the respondent to spend time with their children. If a judge believes that protections are necessary, restrictions on parenting time may be put in place, such as requiring a parent to have supervision present while they are with their children or stating that children will be transferred between parents in public locations or through other parties.
• The respondent may be required to take steps to prevent abusive or dangerous behavior in the future. This may include receiving psychological treatment, attending classes meant to prevent child abuse or spousal abuse, or receiving treatment for substance abuse.
• Depending on whether the petitioner will have primary custody of a couple's children or whether the petitioner is financially dependent on the respondent, the respondent may be ordered to pay child support or spousal support.
• The respondent may be ordered to reimburse the petitioner for expenses, financial losses, or other damages. For example, the respondent may be required to pay for the repair or replacement of damaged property, or they may be ordered to help cover the petitioner's moving expenses.

Contact a Schaumburg Domestic Violence Order of Protection Lawyer

Nobody deserves to be a victim of abuse, and those who are concerned about the safety of themselves or their children can take action to make sure they are safe while also addressing related family law issues. At the same time, no one should lose their rights due to false accusations of abuse. If you need to address these issues, we encourage you to reach out to an experienced attorney. The talented legal team at A. Traub & Associates will do everything in our power to make sure your rights are protected and that you and your children will be safe from harm and able to avoid ongoing problems. If you want to learn more about how we can assist you through this difficult time, please do not hesitate to call us at 630-426-0196 or contact our office online.