Are you living in fear because a family member or partner is abusive or threatening? If so, you have the power to do something about it. The law is on your side in Illinois. Depending on the circumstances, you can obtain orders from the court to help protect yourself from the person who is harassing and threatening you.
You need the help of a Chicago family law attorney who can help you take quick action to protect yourself and your children. Our legal team at KHK Family Law & Divorce Attorneys can help you secure protective orders and restraining orders to protect yourself from an abusive family member or partner.
No one should be subjected to domestic violence and harassment, regardless of their status in the relationship. Contact KHK Family Law & Divorce Attorneys at 312-702-0068 to discuss an emergency protective order with one of our Chicago domestic violence lawyers. Your consultation with an attorney is free and confidential.
How Our Chicago Family Law Attorneys Can Help You With a Domestic Violence Matter in Illinois
Being the victim of domestic violence is a terrifying situation. You may feel there is no way out and nowhere to turn. At KHK Family Law & Divorce Attorneys, we want you to know that there is somewhere you can turn. Our lawyers are here to help you develop a strategy for dealing with the situation to protect you from future physical and emotional abuse.
Our Chicago family law attorneys have decades of experience. We are equipped to handle emergency motions and situations that require quick action. Our lawyers are highly trained, skilled divorce attorneys who understand domestic violence laws in Illinois.
When you hire our top-rated divorce attorneys in Chicago, we will:
- Listen to your situation so we have a full understanding of what is needed
- Investigate the domestic violence allegations to gather evidence supporting a protective order and other court actions
- Work with you to develop a strategy that meets your current and future needs and goals for a successful outcome in your case
- Aggressively pursue all courses of legal action to protect your best interests, safety, and legal rights
We treat our clients with respect and compassion at KHK Family Law & Divorce Attorneys. We understand that you are going through a traumatic situation. You need trusted legal advice and a fierce advocate in court. Our lawyers have those qualifications and much more.
Contact KHK Family Law & Divorce Attorneys for a free consultation with an experienced domestic violence lawyer in Chicago, IL. You can trust us to diligently represent your best interests throughout every aspect of your case.
How Does Illinois Define Domestic Violence?
Domestic violence is defined by the U.S. Department of Justice as a pattern of abusive behavior by a partner in a relationship. Many forms of abuse fall under the definition of domestic violence, including, but not limited to, emotional, sexual, economic, physical, psychological, verbal, and child abuse. Domestic violence is not only about hurting someone; it is also about exerting control over someone to prevent them from gaining power in the relationship or their personal life.
Domestic violence is illegal in Illinois. Someone who harasses, hits, interferes with the personal liberty of, or threatens a family or household member can be charged with a crime under Illinois Domestic Violence law. Family and household members are defined as:
- Individuals who are married or are former spouses
- Family members related by blood
- People who have a child together or a blood relationship through a child
- Individuals who are dating, engaged, or were formerly in an intimate relationship, including same-sex couples
- People who share a home, including all common dwellings
- Individuals with disabilities and their personal assistants
Victims of domestic violence can seek protective orders from the court. These orders are intended to protect the victim by restraining the offender from taking specific actions.
Orders of Protection for Domestic Violence in Chicago, IL
Illinois law provides three types of orders of protection for victims of domestic violence. The types of protective orders differ in the duration of the order. The orders of protection an Illinois court may grant are:
Emergency Order of Protection
Emergency Orders of Protection can last up to 21 days. They are granted immediately by a court without notifying the alleged abuser when the court finds the petitioner is in immediate threat of harm or abuse. Evidence of domestic violence may include eyewitness testimony. It may also include physical evidence, such as photographs of the injuries, medical records, police reports, and damaged property.
Interim Order of Protection
A hearing must be held within 21 days of granting an Emergency Order of Protection. If a hearing cannot be held, the court may issue an Interim Order of Protection to extend the emergency order for an additional 30 days. The alleged accuser must have been notified of the hearing or appeared before a judge.
Plenary Order of Protection
The court may issue a Plenary Order of Protection for up to two years. The hearing allows the petitioner and the alleged abuser to present testimony and evidence as to why an order of protection is or is not lawful. The judge bases the decision on the evidence presented at the hearing.
What Does an Order of Protection Include in Chicago, IL?
An order of protection prevents the accused abuser from taking specific actions. It may also require the offender to do certain things. Examples of what a protection order covers include, but are not limited to:
- Ordering the abuser to leave the home and granting sole possession and use of the home to the petition
- Prohibiting the abuser from entering the home, school, or workplace of a protected person
- Order the offender to remain a certain distance from the protected person and refrain from contacting the person in any manner
- Temporarily allocate parental responsibilities and child custody
- Restrict the offender’s parenting time, including requiring supervised visitation
- Requiring the abuser to undergo treatment and counseling
- Order the offender to pay child support
The order of protection may also order the abuser to pay the financial losses or expenses the victim incurred because of the abuse. Expenses could include attorneys’ fees, court costs, medical bills, and lost wages.
What Happens if a Person Violates an Order of Protection in Chicago, IL?
Orders of protection are civil orders. However, violating an order of protection can have severe consequences for the offender. It can result in a civil cause of action for damages, and if the violation is a crime, it could also result in a criminal offense.
Violating orders of protection is a crime in itself. A first-offense violation is a Class A misdemeanor, and repeated violations are Class 4 felonies. Additionally, the court may hold the violator in contempt of court, which is punishable as a separate matter.
Domestic Violence Can Impact a Divorce Case in Chicago, IL
Illinois is a no-fault divorce state. You do not need to prove wrongdoing to obtain a divorce. Divorces are granted when at least one spouse testifies that irreconcilable differences have irretrievably broken the marriage. However, domestic violence can impact one or more issues in the divorce, including:
Child Custody and Domestic Violence in Illinois
Judges determine child custody matters based on the best interests of the children. A history of domestic violence can impact how a judge views custody matters. Depending on the evidence presented in court, the judge may grant sole custody to the non-offending spouse.
Judges may also determine that the children are not safe alone with the abusive spouse. Therefore, the court may order supervised visitation.
However, if a spouse falsely accuses the other spouse of domestic violence to obtain an upper hand in a divorce action, the judge views this action as unfavorable. The result could be orders that favor the other spouse.
Property Division and Domestic Violence in Illinois
Illinois is an equitable distribution state. The parties may agree to divide the marital assets in any manner they deem fair to both parties. However, a judge decides if they disagree on how to divide the marital assets. The judge bases the property division on what is fair, which may or may not be a 50/50 split of the marital property.
Allegations of fault and wrongdoing generally do not impact equitable distribution of property. However, domestic violence could impact the division of property if a spouse proves that the abuse prevented them from contributing to the acquisition of property and resources.
Alimony and Domestic Violence in Illinois
Maintenance (i.e., alimony or spousal support) is not a right or a punishment in Illinois divorces. Instead, maintenance is granted when the court finds that a spouse cannot support themselves, and the other spouse can pay for support.
The court bases its decision on alimony need, ability, and other factors the court determines are relevant. Domestic violence is not a reason in itself to grant maintenance in Illinois. However, the court may consider whether domestic violence prevented a spouse from working or securing financial independence.
Schedule a Free Consultation with Our Chicago Domestic Violence Lawyers
Domestic violence is a serious problem in the United States. If you are the victim of domestic violence or have been falsely accused of domestic violence, contact KHK Family Law & Divorce Attorneys for a free consultation with an attorney. Our Chicago domestic violence attorneys can help you fight to obtain justice.