Rolling Meadows Family Law Attorney for Domestic Violence Cases

Lawyers Assisting With Orders of Protection in Mt. Prospect and Palatine

A divorce is likely to cause a variety of emotional difficulties for all parties involved, and other types of family law disputes can become highly contentious. While a certain level of anger and bitterness may be expected, when conflicts escalate to the point that someone fears for their safety, they may feel that they need to take legal steps to protect themselves, their children, or other loved ones.

At A. Traub & Associates, our attorneys offer compassionate representation in cases involving domestic violence. Whether you want to make sure you have legal protections for yourself and your children or need to address accusations of domestic abuse, we can provide the legal help you need and work with you to reach a positive resolution to your situation.

Obtaining an Order of Protection

Illinois law states that a person who has been abused by a family member or a person in their household may obtain an order of protection against the alleged abuser. An order of protection may also protect minor children or dependent adults of those who have allegedly suffered abuse, as well as children's foster parents, adoptive parents, or legal guardians.

A person who has allegedly been abused will begin the process of obtaining an order of protection by filing a petition in civil court. This petition can be submitted on its own, or it may be made along with a petition for divorce or as part of a criminal case. If immediate protection is needed, an emergency order of protection will be issued. This order will take effect immediately, and the respondent will be notified.

An emergency order of protection may remain in place for up to 21 days or until a hearing can be held. If necessary, an interim order of protection may be issued if more time is needed before the hearing can be held, and this type of order can last for up to 30 days. When the hearing is held, each party will be able to make a case to the judge regarding whether further protection is necessary. If the judge decides it is needed, a plenary order of protection will be issued, and this order may remain in effect for up to two years.

Terms of an Order of Protection

An order of protection will typically prohibit the respondent from committing any further acts of abuse, harassment, intimidation, or neglect. In most cases, an order will also require the respondent to stay away from the petitioner or others named in the order and prohibit all communication with them, including phone calls, emails, text messages, or messages sent through other parties. A number of other remedies may also be included in the order, such as:

• Granting exclusive residence of a couple's home to the petitioner and prohibiting the respondent from entering or remaining in the home. The petitioner may also be granted exclusive possession of other marital property or jointly-owned property.
• Temporary allocation of parental responsibilities to the petitioner, as well as physical care and possession of children.
  
• Restrictions to the respondent's parenting time, such as requiring a supervisor to be present.
• Requiring the respondent to undergo counseling, which may include treatment for psychological issues or addictions.
• Ordering the respondent to pay child support.
• Requiring the respondent to repay the petitioner for any financial losses or expenses resulting from the abuse, such as property damage, medical treatment, lost earnings, moving costs, or attorney's fees.

Contact an Arlington Heights Order of Protection Attorney

If you need help escaping an abusive relationship, or if you have been accused of committing abuse, the compassionate attorneys of A. Traub & Associates can help you understand your legal options. We will work to ensure that your rights are protected and help you find a solution that ensures that you and your children are safe from harm. To learn more about how we can help, contact us at 847-749-4182. We assist with family law cases throughout Northwest Cook County, including Mount Prospect, Elk Grove Village, Rolling Meadows, Wheeling, Arlington Heights, Long Grove, Palatine, Schaumburg, Inverness, Buffalo Grove, Hoffman Estates, and Des Plaines.