Domestic violence is something that is taken very seriously in today’s world. According to the National Domestic Violence Hotline, more than 12 million people are victims of domestic violence each year. Being accused of domestic abuse can have a serious impact on your life. Under Illinois law, there are a number of solutions offered to family violence victims so that they can remain safe from harm. If you have been accused of domestic violence, and an order of protection (also known as a restraining order) has been issued against you, it is important to understand how what you can and cannot do, and you should be aware of the possible consequences for violating this type of order. In some cases, a restraining order may be based on false allegations. Regardless of the circumstances of your case, an experienced criminal defense attorney can advocate on your behalf to clear your record and your reputation.
If a family or household member has accused you of committing domestic violence, they may ask for an emergency order of protection to be issued. This type of order can be obtained even if you are not present at the hearing where it was requested, and once it goes into effect, it will impose a number of requirements that you must follow. After an emergency order of protection is issued, a hearing will be scheduled, and during this hearing, the judge will try to determine whether long term protections are necessary. If a plenary order of protection is issued, it may remain in effect for up to two years.
Depending on the circumstances of your case, an order of protection may require you to take specific actions or prohibit you from doing certain things. Here are some of the common requirements that can be included in an order of protection:
Prohibition of abuse: In nearly all cases, an order of protection will require you to refrain from committing any acts of abuse or violence toward the petitioner (the person who accused you of committing domestic abuse). You will also be prohibited from stalking, harassment, or interference with the petitioner’s personal liberty.
Grant of exclusive possession of residence: The petitioner may be awarded sole possession of your shared residence. This means you would be prohibited from entering, remaining, or living in your home for the duration of the order of protection.
Stay away orders: If the judge feels it is necessary, an order of protection may require you to remain a certain distance from the petitioner or others named in the order. This would prevent you from interacting with the petitioner at their home or workplace.
Temporary allocation of parenting time and responsibilities: An emergency order of protection may temporarily grant custody of children to the petitioner. If the court believes that you committed acts of abuse toward a minor child or that your children would be at risk of harm, a plenary order of protection may impose restrictions on when and where you can spend time with your minor children and whether supervision must be present during this time. You may also be restricted from entering children's schools, speaking to their teachers or doctors, or accessing their educational or medical records.
If an order of protection has been issued against you, it is important to follow the restrictions it has placed on you, even if they are based on false accusations. Violating an order of protection is a serious criminal offense, so you will want to be sure to abide by the court's orders while they are in effect. To defend against accusations of domestic violence or abuse, you should take swift and immediate legal action to protect your rights and your reputation and avoid criminal penalties. You need a skilled Arlington Heights, IL domestic violence defense lawyer on your side who can help you address these charges and mount an effective defense. Scott F. Anderson, Attorney at Law has been working in criminal law for 25 years, and he knows how to defend against a domestic violence accusation. To schedule your free consultation, call our office today at 847-253-3400.
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