Cook County Family Law Attorney for Orders of Protection

Lawyers Helping Victims of Domestic Violence in Oak Park and Skokie

Domestic abuse is a serious concern for many families, and a spouse who fears for their safety or their children's well-being should take steps to escape a dangerous situation. Whether you are considering divorce, have already begun the divorce process, or want to know about your options for separating from an abusive partner, a skilled attorney can help you understand how to obtain safety through an order of protection.

At the law office of Wakenight & Associates, P.C., our family law attorneys provide our clients with more than 95 years of combined experience. We will ensure that you have dedicated, compassionate representation if you need protection from domestic violence. We can also help you understand your options if your ex-spouse has taken out an order of protection against you.

Orders of Protection Under Illinois Law

In Illinois, anyone who has been abused by a family member or a person in their household can obtain protection from their abuser by filing a petition for an order of protection. This petition can be filed in a civil court independently or in conjunction with other civil matters (such as a petition for divorce) or criminal prosecutions.

A petitioner can obtain an emergency order of protection if they can demonstrate to a judge that there is a need for protection against harm by a family member. It is usually not necessary for the respondent to be present at the hearing for an emergency order of protection, and an emergency order will usually go into effect immediately and remain valid for 21 days. The order of protection will be served to the respondent, and a hearing will be scheduled, during which both parties will be able to provide arguments or evidence to help the judge determine whether the order of protection should be extended. If necessary, the judge may issue a plenary order of protection, which can last for a maximum of two years.

An order of protection can specify certain "remedies" that the respondent and petitioner will both be required to follow. These remedies may include:

• Prohibiting the respondent from committing any acts of abuse, harassment, intimidation, or interference with personal liberty.
• Granting exclusive possession of a shared residence or other personal property to the petitioner.
• Requiring the respondent to stay away from the petitioner or other family members, including refraining from entering their school or workplace.
• Allocating parental responsibility for minor children to the petitioner.
• Allocating parenting time between the petitioner and the respondent, and, if there is a likelihood of abuse to children, restricting or denying the respondent's parenting time.
• Prohibiting the respondent from removing minor children from Illinois or concealing children from the petitioner within the state of Illinois.
• Requiring the respondent to pay child support to the petitioner, as well as reimbursement for losses the petitioner has experienced because of alleged abuse by the respondent.
• Requiring the respondent to attend counseling with a psychologist, social worker, or substance abuse program.

Order of Protection Defense

If you have been named as the respondent in an order of protection, you should seek immediate legal help to determine how to defend against allegations of abuse. Regardless of whether you believe the claims made in the petition for the order of protection are valid, you are required to follow its terms until a hearing is held. Do not try to call or contact your spouse, your children, or anyone else named in the order. Violating an order of protection can have serious criminal consequences. An attorney can provide representation in your hearing, defend against claims of abuse, and help you demonstrate why further orders of protection are unnecessary.

Contact Our Oak Park Family Law Attorneys

If you have been the victim of abuse, our compassionate lawyers can help you obtain an order of protection and ensure that you are able to achieve safety for your family. If you have been accused of abuse, we can assist you in defending against these charges while working to protect your rights and your relationship with your children. For dedicated legal help in emergency situations, schedule a free consultation today by contacting our office at 708-480-9651.