Kane County Domestic Violence Attorneys
Domestic Violence Lawyers Helping Clients Seek Orders of Protection in Batavia, Geneva, and Elgin
Far too often, families are forced to deal with the issue of domestic violence. In many situations, the emotional turmoil of divorce or other family law concerns can result in one party becoming violent and lashing out against other family members. When violence or the threat of violence becomes all too real, it is important to take appropriate measures in protecting yourself and your children.
At The Stogsdill Law Firm, P.C., we are committed to the safety of our clients and their families, especially in situations involving domestic violence. Our attorneys can help put safeguards in place such as orders of protection to restore security to our clients’ lives.
Domestic Violence and Orders of Protection
If you or your child has been physically harmed or threatened with physical harm by a member of your household or a romantic partner, it is vital that you take immediate action. The first step in such case is often obtaining an order of protection, a specific type of order designed to help in domestic violence situations. Orders of protection may be issued to restrict the abusers access to you and you family, leave a shared home, or even alter child custody and visitation arrangements.
In the state of Illinois, there are three types of orders of protection that may be utilized as needed by the court:
- Emergency order: Sometimes called a temporary restraining order, or TRO, an emergency order of protection can be issued based solely on the testimony of the petitioner. The alleged abuser is not required to be present or notified of the filing, and an emergency order may be in force for up to 21 days, pending a full hearing.
- Interim order: After a TRO expires and before a full hearing, the petitioner may file for an interim order of protection in the meantime. The alleged abuser must be notified and may appear before the court. Interim orders can be effective for up to 30 days.
- Plenary order: Based on evidence presented by both sides in full courtroom hearing, a plenary order of protection may be issued, enforceable for up to two years. After two years, the petitioner may seek a renewal of the plenary order.
Violations of an order of protection are extremely serious and may result in criminal prosecution depending on the nature of the incident. At our law firm, we are prepared to help your protect your family through the pursuit and enforcement of appropriate orders of protection.
False Allegations of Domestic Violence
As domestic violence continues to plague Illinois families, false allegations of domestic violence are sometimes used in an attempt to manipulate family law matters. Illinois law regarding child custody, for example, requires a court to consider a history of abuse by a parent toward the child. One parent may falsely accuse the other parent of domestic violence to limit the other parent’s access to the child, based on anger or spite rather than actual physical danger. Our attorneys are prepared to conduct a full investigation into any domestic violence allegations against you, and if they are false or in bad faith, we will help defend you from the impact of such claims.
If domestic violence has become an issue in your family and you would like to know more about orders of protection, contact The Stogsdill Law Firm, P.C. at 630-462-9500630-462-9500 to schedule a consultation. One of our knowledgeable attorneys will meet with you, answer your questions, and explain the legal process of protecting you and your children. Located in Wheaton, Illinois, we proudly represent clients throughout Kane and DuPage Counties, as well as the surrounding area.