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Rolling Meadows, IL domestic abuse attorney order of protection

For decades, various organizations have aimed to educate and advocate for those who have been victims of domestic violence, stalking, or sexual abuse. Unfortunately, these issues are still all too prevalent in the United States. According to the National Domestic Violence Hotline, more than 1 in 3 women and 1 in 4 men in America will experience some form of rape, stalking, and/or physical abuse by an intimate partner. In the state of Illinois, committing acts of domestic violence, sexual assault, stalking, or other acts of violence is illegal. Because these crimes are often so personal in nature, orders of protection or no contact orders may be requested to prevent the offender from any further abuse. Each type of order is different and violating the terms of an order against you can result in serious criminal charges.

Three Types of Orders

Illinois offers three types of orders to victims of abusive or harassing behavior: orders of protection, sexual assault civil no-contact orders, and stalking no-contact orders. The type of order that a person requests typically depends on the person’s relationship with the offender, but it can also depend on the specifics of the case.

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Rolling Meadows, IL criminal defense attorney domestic battery

Domestic violence is a serious systemic issue that has plagued the United States for years. As a response, prosecutors and other law enforcement officials have taken an aggressive approach to combat the issue, but it still remains prevalent in the country. According to data compiled by The National Domestic Violence Hotline, around 29 percent of women and 10 percent of men have reported experiencing rape, physical violence, and/or stalking by an intimate partner. In Illinois, domestic violence is a crime that can be elevated to a felony, depending on the specifics of the case. Felonies are crimes that carry serious consequences, but an experienced domestic violence lawyer can help you form a solid defense.

Misdemeanor Domestic Battery Charges

According to the Illinois Criminal Code, domestic battery occurs when any person knowingly and without justification causes bodily harm to any family or household member or makes physical contact of an insulting or provoking nature. The first instance of this crime is charged as a Class A misdemeanor, which is the most serious classification of a misdemeanor in Illinois. Class A misdemeanors carry up to one year in prison and up to $2,500 in fines.

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Rolling Meadows, IL domestic abuse defense attorney

In today’s world, social media plays a big part in many people’s daily lives. Platforms like Facebook, Twitter, and Instagram are used by millions of people across the world to connect with one another. Social media is so ingrained into our society that it is important to understand the effects that these digital networking platforms play in our life. In particular, social media has created some concerns when it comes to dealing with domestic violence allegations. In certain scenarios, information or pictures that a defendant posted online could be used against him or her in a criminal case.

Domestic Abuse Laws in Illinois

The state of Illinois defines domestic violence as acts of harassment, abuse, intimidation, interference with personal liberty, or willful deprivation toward a family or household member. In many cases, acts of violence can also be considered assault and/or battery, but when these acts are allegedly perpetrated against a family or household member, they can lead to domestic violence charges.

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Arlington Heights order of protection defense attorney

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. 

Requirements of an Order of Protection

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.

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Arlington Heights, IL defense attorney

While all assault and battery charges are serious, charges and punishments can become even harsher when the alleged assault and/or battery occurs between people in a domestic relationship. Being accused of domestic battery is extremely serious and can result in extensive jail time and expensive fines. It is also often used to leverage favorable decisions in child custody or other matters in contentious divorce proceedings.

Domestic Battery Laws in Illinois

The Illinois Penal Code states domestic battery occurs when a person knowingly and unlawfully causes bodily harm or makes physical contact of an insulting or provoking nature to a family or household member. It is important to note that the crime must be committed against a family or household member, or it cannot be considered domestic battery. According to the state of Illinois, family or household members include:

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