Tag Archives: order of protection

Firearms Restraining Order Can Accompany Order of ProtectionIllinois recently signed the Firearms Restraining Order Act into law, which allows someone to petition for the temporary removal of firearms from the possession of a family member who is deemed to be a threat to him or herself or others. With recent mass shootings in mind, lawmakers created the bill as a legal means for law enforcement to act on credible warnings of potential gun violence. Victims in domestic violence cases could petition for a firearms restraining order if they fear that their abuser may use a gun against them. However, the petitioner must prove that there is a need for the restraining order.

Order Details

Illinois already has a law that revokes a person’s Firearm Owner’s Identification card if he or she is convicted for domestic violence. However, an alleged offender may be a threat to use gun violence before a conviction can occur. An order of protection can immediately make it illegal for the domestic violence suspect to contact the alleged victim. A firearms restraining order addresses the specific threat of gun violence by:

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Keeping Your Phone Number and Other Protection Order RemediesWhen filing an order of protection in a domestic violence case, the petitioner may suddenly realize the various ways he or she is connected to the abuser. The victim must take steps to cut off access to properties and finances in order to shield him or herself from the abuser. However, both the accuser and accused may normally have an equal right to the shared properties. Illinois lawmakers included several remedies in the state's order of protection law that favor the petitioners’ rights to access and control various properties. A revision to the law went into effect at the start of the new year that extends those rights to cell phone accounts.

Phone Control

Under the revised law, a petitioner who has filed an order of protection may request that a wireless service provider move his or her phone number to a separate account. The law is meant as another way for domestic violence victims to be financially independent from their abusers. Domestic partners often share a wireless telephone service plan. If the abuser is the primary holder of the account, he or she has control over all phone numbers related to the account. With the new law, the petitioner

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How Domestic Violence Affects Divorce SettlementsDomestic violence between spouses can lead to or result from divorce. A person may choose to end his or her marriage because his or her spouse is abusive. In other cases, asking for a divorce may trigger a spouse’s threatening behavior. Either way, domestic violence changes how a divorce is settled. The divorce court will likely favor the victim in matters of allocation of parental responsibilities and division of property.

Order of Protection

With any case of domestic violence, the victim’s first responsibility is to protect him or herself, as well as other victims. A victim spouse should immediately seek an order of protection against the abusive spouse. The order includes several benefits for the victim spouse, such as:

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Planning Before Leaving an Abusive HomeIt is easy for observers to say that victims of domestic violence can protect themselves by simply leaving. The victims, who are statistically most likely to be women, may say that the matter is more complicated. A domestic violence victim can understand that she needs to leave her abuser but worry about the consequences of leaving, such as:

  • Ending her relationship with someone she still loves;
  • Retaliation from her abuser when she leaves;
  • Finding a place to live; and
  • Economically supporting herself and her children.

Many of these doubts can be addressed by planning ahead before leaving. If you are a victim or at risk of domestic abuse, you need a plan in place that will allow you to leave quickly and feel safe.

Where to Go

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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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Goostree Law Group

Goostree Law Group

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St. Charles, IL 60174

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Naperville IL 60563

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Wheaton, IL 60187

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