If you need protection from abuse or harassment from a family or household member, you could qualify for an Order of Protection. Under the Illinois Domestic Violence Act, a “family or household member” includes “persons related by blood or marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, and persons who have or have had a dating or engagement relationship.”
Under the Domestic Violence Act, abuse include physical abuse, harassment, intimidation and interference with personal liberty.
Physical abuse includes sexual abuse, use of force or confinement or restraint; sleep deprivation; reckless conduct which creates an immediate risk of physical harm.
Harassment is something that would cause a reasonable person emotional distress and does in fact cause emotional distress. Certain acts are presumed to cause emotional distress, including:
• Creating a disturbance at petitioner’s work or school
• repeatedly telephoning petitioner
• repeatedly following petitioner
• repeated keeping the person under surveillance
• engaging in or threatening child concealment or removal
• threatening physical force, confinement or restraint of the person
“Interference with personal liberty” means committing or threatening physical abuse, harassment, intimidation or willful deprivation.
When you need a domestic violence attorney to protect you from harm, take no chances and make use of our experience and legal tenacity. We will prepare you every step of the way, assemble and successfully introduce vital supporting evidence such as police reports, victim testimony and medical records.
False Allegations Of Domestic Violence
Sometimes, the domestic violence statute, meant as a shield, is used as a sword. Under these circumstances, you will have to expose the falsity of the allegations and illustrate that the process is being deployed to afford your spouse legal leverage in divorce and custody proceedings.
Courts are increasingly vigilant to identify false allegations, and we have the experience in successfully defeating bad faith petitions for order of protection. When one of our clients is falsely accused of domestic violence, our attorneys mount a vigorous defense and supply the necessary testimony and evidence that the allegations are rooted in an improper purpose, falsities or exaggerations.