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Rolling Meadows order of protection defense attorney

We have all gotten into arguments with our loved ones before. When disagreements escalate to the point where one person fears for his or her safety, the police can intervene, and domestic violence charges may be pressed. Domestic violence is estimated by the National Domestic Violence Hotline to affect more than 12 million people each year. It can occur between parents and children, siblings, spouses, or people in romantic relationships who live together. Accusations of this type of violence can involve a variety of alleged behaviors, including physical, emotional, or sexual abuse. One tool that is frequently used in domestic violence cases is an order of protection, and a person who is subject to this type of order should understand what it may entail and the potential consequences for a violation.

What Is an Order of Protection?

An order of protection is a court order that can prohibit a person from doing certain things, and it may also compel a person to meet certain requirements. For example, a person accused of domestic violence may be ordered to stop any contact with their alleged victim, or one partner involved in a domestic dispute may be required to leave their shared residence.

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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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Arlington Heights criminal defense attorneyDomestic battery is considered a serious offense in the state of Illinois. This is due, in part, to the awareness and movements associated with domestic violence prevention. What do you do, though, when the allegations against you are completely false? Are you even at risk if you are truly innocent? It may seem that the obvious answer is no, you are not at risk if you have not done anything wrong. Yet this is not always the case. The following information explains further.

Divorce and Child-Related Matters Often a Catalyst for False Allegations

While not always the case, child-related matters and divorce often serve as a catalyst for false allegations of domestic battery. It may be a ploy to increase the accusing party’s portion of the divorce settlement, or it could be an attempt to gain more rights to a shared child. Alternatively, there may be no reason outside of wanting to make the other person “pay” for wanting a divorce. Such acts of retribution, revenge, or manipulation might seem easy to disprove, but this can be a slippery slope for the wrongly accused.

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