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Illinois defense lawyerIn the state of Illinois, domestic violence is defined as any act of physical abuse, harassment, intimidation, interference of personal liberty, or willful deprivation carried out against a family or household member. Domestic violence is a serious crime that can affect the physical and emotional well-being of victims. One defense that domestic violence victims have is orders of protection. If you’ve been accused of domestic violence and have received an order of protection against you, it is important for you to understand what you can and cannot do and the consequences if you break the order of protection.

What Is an Order of Protection?

According to the Illinois State Police, an order of protection is a legal order, given by a judge, that helps to protect victims of domestic violence. Orders of protection can order an abuser to take certain actions or to forbid them from taking certain actions. In Illinois, there are three types of orders of protection: emergency orders, interim orders, and plenary orders.

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Illinois defense lawyerUnfortunately, one of the most abundant crimes in the United States is domestic violence. An estimated 12 million people are affected by domestic violence in the U.S. each year, according to The National Domestic Violence Hotline. Facing domestic violence charges can be a complicated and emotional process, but a good place to start is to understand the laws and consequences concerning domestic violence.

Illinois Definitions of Domestic Violence

In the state of Illinois, an event is deemed domestic violence if the act of abuse is perpetrated against a family or household member.

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Illinois domestic battery attorneyIndividuals who are arrested on domestic violence charges often underestimate the impact that a conviction can have on their lives. Sadly, a mistake like this can have lasting and potentially even life-long repercussions. Learn more about the potential consequences of a domestic battery charge, including how it may affect you or your loved one, and discover what an experienced criminal defense attorney can do for you in a domestic battery criminal case.

How It Happens

Domestic battery charges usually stem from an argument that has been reported to the police. Sometimes it is one of the involved parties that calls. Other times, it is a neighbor or a passerby. Either way, law enforcement shows up and evaluates the situation. They typically talk to the involved parties, as well as any potential witnesses to the argument. If anyone appears to be injured, or if there is evidence to suggest that someone has been harmed, law enforcement may attempt to determine fault so they can make an arrest. If you happen to be the one that they believe started the argument, you will need a defense attorney that can fight against the impressions and judgments of the officers – someone who has your best interest in mind.

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Illinois criminal defense lawyerOrders of protection, or restraining orders, may be issued for a variety of reasons. However, they are most typically seen in cases that involve charges of stalking or domestic violence. What can you do if you have been served an order of protection? Is there any way that you can fight back? The following information explains, and it provides some important details on how an experienced criminal defense lawyer can help.

Complying with the Order

While it can be shocking to be served with a restraining order, it is crucial that you comply with the terms to reduce your risk of any further consequence. Do not attempt to contact the petitioner or anyone else that is listed on the order. Stay away from their home, their place of work, and places that they frequent. Essentially, avoid the petitioner and any other named individuals at all costs because your freedom could depend on it.

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Arlington Heights criminal defense attorneyDomestic violence charges are not something to ignore. Able to affect your job, housing, and upend your life in numerous ways, such charges can be used in custody and other family law cases, which could keep you from your family. Conviction can also impact your right to own or use a firearm. The following explains more about this prohibition, and provides details on how to ensure your rights are protected, right from the very start.

Federal Gun Ban Extended

Originally the law only barred those convicted of violent felonies from owning a gun, but Congress extended the ban in 1996 to also cover misdemeanor convictions of domestic violence. Such offenses are the most common charge of physical assault occurring in homes across the United States. 

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