Lavin & Parisi, Attorneys at Law

Receiving an order of protection under Illinois family law

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Regardless of the problems that can afflict an Illinois marriage, there is never an excuse for domestic abuse. Unfortunately, this happens all too frequently and it becomes necessary to consider seeking an order of protection. There are certain state laws that are in place when it comes to receiving an order of protection. It must be understood what they do and the consequences if they are violated.

An order of protection can be provided to a person who has been abused by family members. It will restrict the alleged abuser's actions and access to the abused person and the family. Under this order, the abuser will be prohibited from continuing performing abusive acts or making threats. This includes harassing, physically abusing, intimidating, interfering with personal liberty, and willful deprivation. The abuser will be barred from sharing the residence with the abused. They cannot use alcohol or drugs. The abuser will be required to stay away from the person who was abused and not go to the place of work, school, and other locations.

In addition, the abuser will be required to go to counseling. It will be prohibited for the abuser from taking a child out of state or hiding the child. There can be temporary legal custody granted to the abused person. If visitation is allowed, it will be specifically detailed as to when and where it happens. The abuser will be required to bring the child to court or to appear in court. The child's records cannot be accessed by the abuser. Certain properties can be given to the abused person and the abuser must provide it. It will also be illegal for the abuser to sell certain properties, damage them, or destroy them. Child support will have to be paid by the abuser. If the order is violated, the abuser could face criminal prosecution.

There are likely to be challenges in any marriage or relationship. These might eventually lead to divorce. One issue that should never be tolerated is abuse. Those who are subjected to abuse might not believe that they have anywhere to turn to try and protect themselves. They do have options. Speaking to a lawyer experienced in family law and orders of protection can help.

Source: Illinoisattorneygeneral.gov, "Orders of protection," accessed on July 23, 2015

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