Tag Archives: restraining order

Illinois domestic violence laws, Illinois family law attorneyIf you feel that you are in danger of being harmed by your current or former partner, yes. An order of protection is a legal order that requires your abuser to stay away from you, with criminal consequences for violating the order. Having one in place can give you the recourse you need if you are threatened or attacked. Your partner or others around you might attempt to sway your decision, telling you that this type of protection is meaningless or unnecessary. But do not listen to them – let an experienced family and divorce attorney determine whether an order of protection is in your best interest.

Are You Unsafe?

This is the most important issue to determine when deciding whether or not to seek an order of protection from a partner. Ask yourself if you feel like you are in danger of being hurt, whether physically, emotionally, mentally, or financially. Domestic violence means more than just physical acts. It can refer to the psychological manipulation of a partner, the restriction of an individual's financial freedom, and emotional or sexual abuse as well. In short, all types of domestic violence have one thing in common: they are an attempt to maintain control over an individual.

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restraining-orderDivorces can be messy. In many cases, the divorce process brings out the worst in each partner, pushing him or her to become angry, vindictive, and frightened about what will happen in the future with his or her property and relationship with the couple's children. This fright can turn to aggression, which can manifest itself as antagonism aimed at the other spouse and attempts to harass him or her into giving in to the aggressive partner's demands.

This is not a healthy way to end a marriage. In fact, it can be the foundation of a very difficult life for an individual following his divorce because if this behavior is not nipped early, it can lead to a life of fear, resentment, and a much smaller share of the couple's marital assets than the victim was entitled to receive.

Document Everything

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b2ap3_thumbnail_restraining-order.jpgYou should always be able to feel safe in your home. Your home is your sanctuary; the place where you can go to escape from the trials of the world. But if you are living with an abusive partner, your home can be dangerous for you and your children. If you are in immediate danger of any type of domestic violence or truly believe you could be, get out of the home now. You can come back for your things later and determine the ownership of the home in divorce court, but when the threat of abuse is imminent, you need to put your safety first. Do this by getting out of the home and seeking an Order of Protection against your spouse.

Two Ways to Eject an Abusive Spouse from the Home

If you need to stay in your marital home, you can have your spouse legally removed from the household. You cannot remove him or her from the house without legal intervention. There are two ways to accomplish this.

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b2ap3_thumbnail_domestic-violence.jpgDomestic violence can seem simple. When one spouse physically abuses his or her partner, kicking, punching, and berating him or her, that spouse is an abuser. But can you recognize the other signs of domestic violence? More importantly, would you be able to recognize them if you, yourself, were a victim of domestic violence and do you know what to do if you are a victim?

Consider the most important signs of domestic violence to determine if you are familiar with them or you have seen them happening in your relationship. If you are a victim, get out of your home as soon as you can. Illinois has a network of domestic violence shelters where you can go to be safe from your abusive spouse. Once you are out of the home, your next step is to seek legal action to obtain an Order of Protection and/or file for divorce.

Are Your Accusations of Abuse Met with Denial?

A key element in nearly every domestic abuse case is denial. The abuser denies that he or she is violent, creating a sense of self-doubt in the victim. Your spouse might even go as far as to tell you that you deserve his or her violence, telling you that you “made” him or her abuse you.

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domestic violence, Illinois family law attorney, Illinois divorce lawyer,Domestic abuse is not a cookie-cutter crime. The abuse can take on many different forms, including harassment by telephone (if directed toward a family or household member, or a significant other). Keep in mind that this category of harassment is not limited to telephone calls; rather, it also includes electronic communications such as text messages, emails and messages transmitted via social media outlets like Facebook. Those facing harassment from a spouse may wish to speak to an experienced attorney for help obtaining an order of protection.

Harassment by Telephone

A person can be charged with harassment by telephone if he or she uses telephone communication to:

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Goostree Law Group

Goostree Law Group

 555 S. Randall Road, Suite 200
St. Charles, IL 60174

 630-584-4800

 400 S. County Farm Road, Suite 300
Wheaton, IL 60187

 630-407-1777

Our Illinois divorce attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Crystal Lake, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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