Domestic Violence and Orders of Protection

The team at Schiller DuCanto & Fleck includes competent domestic violence lawyers in Chicago, Lake Forest, and Wheaton 

The Illinois Domestic Violence Act protects individuals from several forms of abuse and harassment within the household. The law specifically protects “family members,” which includes married and dating couples, roommates, blood relatives, or persons with disabilities. Our domestic violence lawyers in the Chicago area possess expert knowledge on Illinois abuse laws and can help pursue or defend these charges. 

What Qualifies as Abuse or Harassment? 

Domestic violence may refer to physical abuse, involuntary confinement, harassment, or interference with personal liberty. Disabled or elderly individuals may also be victims of neglectful abuse if household caregivers or family members willfully deny them medical care, medications, shelter, or other basic needs. 

How Do Illinois Courts Address Abuse Accusations? 

If a victim of domestic abuse files for protection, and the courts deem the evidence sufficient, officials will issue an Order of Protection to the abuser. This includes detailed instructions on what behavior cannot continue. 

It’s not uncommon for Illinois courts to issue Emergency Orders of Protection without notice to the alleged abuser. These court orders last between 14 days and 21 days, at which point they’ll schedule a hearing to determine if officials should take further action. If the hearing reveals sufficient evidence to prolong protection, the court will issue a Plenary Order of Protection, which is effective for up to two years.  

In addition to forbidden behavior, protected individuals also may retain exclusive residency in the home and the physical custody of minor children. If law enforcement officers have probable cause that the abuser has violated the order, they may arrest the individual without a warrant. 

A charge under the Domestic Violence Act is very serious and must be pursued or defended with thoughtful and competent representation. Schiller DuCanto & Fleck LLP has Chicago domestic violence lawyers who participated in drafting the Illinois Domestic Violence Act and its various amendments. They have an intimate understanding and knowledge of the law. Our Chicago area firm’s litigation attorneys have experience in litigating domestic violence matters and resolving issues favorably for our clients. Contact us today for a consultation.