Chicago Domestic Violence and Orders of Protection

Canoes on Moraine LakeWith domestic violence accusations, there are generally two different types of victims: There are those who have been abused, and then there are those who have been wrongfully accused of committing domestic violence. Both types need representation by a Chicago domestic violence lawyer to ensure that they are adequately protected as they move forward from the incident and onward with their lives.

 

VICTIMS OF DOMESTIC VIOLENCE

When there has been domestic violence in a relationship, it will have a significant impact on the overall tone of a Chicago divorce case, especially with regard to child custody and visitation. Depending on the level of abuse, a Chicago domestic violence lawyer may advise the victim to seek an Order of Protection to restrain the abuser from being able to continue his/her conduct.

 

Orders of Protection can result in restrictions that endure up to two years. Any victim of abuse by a spouse should consult with a domestic violence attorney in Chicago to ensure that all legal avenues are explored for maximum protection, not just in the present, but also for the future. When appropriate, domestic violence victims can seek and receive exclusive possession of a residence.

 

FALSELY ACCUSED OF DOMESTIC VIOLENCE

On the other hand, some people will make false accusations of domestic violence for no other reason than to gain legal advantage. This most often occurs when the accuser thinks it will help them retain privileges associated with retaining the family home or controlling the outcome of child custody and visitation. Such false accusations merit the immediate assistance of a Chicago domestic violence lawyer for savvy and prompt assistance to defend such false or exaggerated claims. A domestic violence accusation stands not only to have tremendous negative impact on your divorce and resulting property division and parental privileges, it may also affect other areas of life, including career and educational opportunities. A domestic violence accusation is nothing to take lightly—you’ll need an experienced, strong domestic violence attorney to help you defend yourself in Illinois courts.

Sequoia National ParkIf domestic violence is a factor in your situation, whether you have been victimized or falsely accused, it’s critical to keep careful, detailed documentation of the circumstances, as matters of domestic violence are often resolved in favor of the more prepared and believable person. It is also imperative you seek the advice of a knowledgeable Chicago family law attorney as soon as possible.

 

Domestic Violence and Orders of Protection

When there is abuse in a relationship, it greatly affects the overall tone of the case, and especially custody results. Depending on the level of abuse, a victim may need to ask for an Order of Protection, restraining the abuser from being able to continue his/her conduct. Orders of protection can result in restrictions that endure up to two years. When appropriate, victims can seek and receive exclusive possession of a residence. On the other hand, some people inappropriately manipulate this procedure to gain legal advantage, causing the abuser to need savvy and prompt assistance in defense of a false or exaggerated claim. It is very important if domestic abuse is a factor in your situation to keep very careful documentation of the circumstances. These matters are often resolved in favor of the more prepared and believable person. It is imperative you seek advice as soon as possible.

This area of the law is extremely overlooked and neglected. Anytime a divorce concludes with ongoing business between the former spouses, either in the form of child support, maintenance or other ongoing experiences, there is a high chance that those matters will have to be re-addressed. What most people do not realize is that for a court or anyone to protect you, they can only do so prospectively from the time of a formal legal request. It is imperative that there be good recordkeeping and diligent follow through; otherwise, your chances of securing a just result diminish significantly. We pride ourselves on advising clients in the area of post-divorce custody and financial situations. We believe strongly that more attention needs to be paid to these matters and that people in these situations often are treated with less diligence than others. We invite any and all inquiries into these matters.

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Myths (+click to view answers)

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    Do I have to be separated from my spouse for 6 months or 2 years?

    There are legal separation periods required for Illinois divorces. However, many people misunderstand them. If a divorce is based on reasons other than for irreconcilable differences (e.g., infidelity or cruelty), there usually are no required separation periods. The separation period applies to the time by which the divorce is ENDED not begun. Additionally, even if you are living in the same home together, you may be legally separated. Bottom line is that the separation period should not be the reason for delay.
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    Will I have to time the divorce perfectly?

    There is no such thing. We will help you with pre-filing considerations. It is important that you are prepared for the ups and downs of a divorce process. Preparation is what makes the timing right.
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    Will I have to pay for wrongdoing?

    Illinois is a no fault state. That means that Illinois divorce laws do not reward or punish good or bad behavior in a marriage. There are some behaviors that have financial or custody linked consequences, but the justification for the consequences has nothing to do with fault.
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    Will I will win/lose my divorce case?

    The truth is that divorce cannot be as easy as winning or losing. Divorce judges have great discretion. The difference in a divorce case’s outcome has more to do with realistic expectations and legal strategy than with notions of right and wrong or win and lose.

Contact Us!

An experienced Chicago domestic violence attorney can help when your back is against the wall, whether you have been victimized or falsely accused. Call Solutions First at 312.386.1467 to speak with a Chicago family attorney who will work diligently to bring the truth to light and who will protect you and your loved ones accordingly. You may also email robin@solfirst.com to connect with our firm and begin the process without delay.

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