Chicago Domestic Violence Lawyer

Chicago Family Law Attorney for Orders of Protection From Domestic Abuse in Cook County

Domestic violence is an issue that affects millions of people throughout the United States, and women, men, and children are all at risk. In Illinois, domestic violence is a factor in many criminal law cases, but it also has a substantial impact on family law cases, especially those involving divorce and the allocation of parental responsibilities.

If you have been the victim of domestic abuse, it is important to understand your legal options for protecting yourself and your children. On the other hand, if you have been accused of domestic violence, it is important to understand all of the possible implications and ensure that your rights are protected. At The Law Office of George J. Skuros, we handle a variety of family law cases that may be influenced by domestic violence, using our decades of experience to help you address this serious legal matter.

Examples of Domestic Violence in Illinois

As defined under Illinois law, domestic violence includes not only physical and sexual abuse, but also many other forms of harmful behavior, including:

• Harassment, stalking, and surveillance
• Intimidation and threats of physical force
• Interference with personal liberty, including forced confinement or conduct
• Willful deprivation of food, shelter, medical care, and other needs

Domestic violence can occur between any members of a family or household, but it is most common between intimate partners. Children are also often affected by domestic abuse, either as victims or witnesses.

Seeking an Order of Protection

If you or your child has been the victim of any form of domestic abuse, you have the right to petition the court for an order of protection, and your attorney can help you prepare your affidavit and supporting evidence regarding the abuse and your need for protection. If you are in immediate danger of further abuse, you can petition for an emergency order that takes effect without prior notice to the person from whom you are seeking protection, and this type of order may last for up to three weeks.

Otherwise, you will need to serve notice of the petition to the person, after which the court will schedule a hearing, and an interim protection order will take effect for up to 30 days. If the court finds at the hearing that there is reason for continued protection, an emergency or interim order can be extended to a plenary order that lasts for up to two years.

Protection orders are enforced by local law enforcement, and they can provide many different forms of relief depending on the circumstances. The person named in the order will be required to refrain from any further acts of abuse against you or your child, and they may be prohibited from contacting you and ordered to stay away from you, your place of work, your child's school, and other specified locations. In some cases, an order of protection may also temporarily grant you exclusive possession of your residence and other property, child and spousal support, and exclusive parenting time and parental decision-making responsibilities. Violating any terms of an order of protection can have serious consequences, including misdemeanor or felony charges.

Domestic Violence, Divorce, and Child Custody

Often, a petition for an order of protection from a spouse is filed along with a petition for divorce. It is important to note that these are separate legal matters, and the terms of the protection order regarding property and child custody will not necessarily reflect the terms of the divorce order. However, during the divorce process, evidence of domestic violence will be considered when determining the final allocation of parenting time and parental responsibilities. A parent who has been accused of domestic abuse could find their parenting time and responsibilities severely restricted.

Contact a Cook County Family Law Attorney

If you need an order of protection for yourself or your child, or if you need legal representation in a divorce case involving domestic violence, we can help. Contact us today at 312-884-1222 to schedule a free consultation. We serve clients throughout Cook County and the surrounding areas, including Chicago, Schaumburg, Inverness, Arlington Heights, Des Plaines, Mount Prospect, Park Ridge, and the North Shore.