Palatine family law attorney, domestic violenceLeaving a marriage with domestic violence requires planning and support to ensure the victim and his or her children are safe. Usually, a victimized spouse must leave in secret and must also leave most possessions behind, so the abusive spouse does not discover the plan in advance. The law recognizes that domestic violence is an all-too-common issue in marriages, and therefore seeks to make keeping an abuser away easier for victims and their families.

In 2014, Illinois law enforcement received more than 65,000 calls related to domestic violence. Hence, knowing how to get retain legal protection against an abusive spouse, as well as how the Court views this issue in divorce/child custody cases, is crucial.

Orders of Protection

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Palatine domestic violence lawyer, orders of protection domestic abuseWhile lawmakers and advocates alike have mounted massive public awareness campaigns and strengthened existing state laws concerning domestic violence, this issue remains problematic today. Domestic violence is an issue that often appears in divorces, child custody cases and other types of family law proceedings. Furthermore, false allegations of domestic violence, which are not uncommon in bitter family law or divorce cases, can damage one’s reputation and livelihood. Fortunately, for cases of true domestic abuse, there are several avenues of relief on both the criminal and civil sides of the law. One of the most common tools used to combat domestic abuse is the order of protection.

What is an Order of Protection?

An order of protection is a legal court order that requires an individual stay away from you and/or your children. In emergency cases, a court can issue a temporary order of protection the same day that you request it. A temporary order can remain effective for up to 21 days. In order to obtain a more permanent order of protection, however, you must attend a hearing, at which both you and the other individual can present evidence to the judge. After hearing evidence from both sides, the judge can issue an order of protection that lasts for up to two years. Violation of either a temporary or regular order of protection is extremely serious, and can result in criminal charges against the individual who violates the order.

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Palatine family law attorney, orders of protection, domestic violenceDomestic violence is a serious problem — a problem which can have a devastating effect on children and families. Victims of domestic violence may seek protective orders to help them avoid contact with their abusers. Additionally, domestic violence can have an effect on child custody proceedings and can mean the loss of parenting time, visitation, and even, in extreme circumstances, parental rights.

What is Domestic Violence?

Domestic violence, under Illinois law, is abuse against a family or household member. Abuse does not mean just physical abuse. Abuse also includes mental cruelty, harassment, intimidation, threats and controlling behaviors. A parent’s reasonable direction of a child, however, does not constitute domestic violence.

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domestic violence child custodyDespite implementation of tougher domestic violence laws in the past two decades, each year thousands of Illinois residents are victimized. In 2013, Illinois domestic violence programs served 44,318 adults and 8,168 children. Illinois child custody laws consider the presence of domestic violence when making an award of custody. Unfortunately, this means that some parents will make false allegations of abuse in an attempt to gain custody.

If you are in the midst of a child custody case that involves domestic violence allegations (whether you are the victim or the victim of false allegations), you need an experienced Palatine child custody attorney who understands the dynamics of domestic violence and the potential implications on your case.

Domestic Violence as Best Interest of the Child Factor

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