Domestic violence is a serious crime against an individual and police officers take reports of domestic violence very seriously. There is still widespread failure to appropriately protect and assist the victims of domestic abuse. But, with the attorneys at David Friedman on their side, these victims can be provided with the best legal protection available to them further ensure their protection. Prior to the determination of guilt or innocence, those accused of an act of domestic assault or spousal abuse may face serious immediate consequences.
The Illinois Domestic Violence Act works to avoid further abuse by promptly entering and diligently enforcing court orders which prohibit abuse and when necessary they can reduce the abusers access to the victim and address any related issues so that the victims are not trapped in abusive situations by fear of:
- Retaliation
- Loss of a child
- Financial dependence
- Loss of accessible housing or services
Order of Protection
Illinois has adopted both the Illinois Domestic Violence Act and the Stalking No Contact Order Act. The Stalking No Contact Order Act many provisions that parallel the Illinois Domestic Violence Act. The Illinois Domestic Violence Act attempts to prevent the repeated physical abuse among family members, household members, and disabled adults. “Family members” means not only persons related by blood, but also persons who are or were previously married, persons sharing a home, apartment, or other dwelling, persons in a dating relationship, and persons with disabilities. The Domestic Violence Act can be violated by person committing acts of neglect or by denying a disabled or elderly person from medication, medical services, shelter, or other needs.
An Order of Protection is a court order that prohibits an abuser from
- Physical abuse
- Harassment
- Interfering with personal liberty
- Using physical force against another
- The confinement of another
In general, an Emergency Order of Protection is entered by the court without notice to the alleged abuser. This is because it is common for domestic violence actions to be considered emergency matters that require immediate attention and a good understanding of the court system to achieve the necessary protection. It is important to note that an Emergency Order of Protection is valid for no less than 14 days and no more than 21 days. The court may enter an Interim Order of Protection if the alleged abuser is served with notice of the hearing. An Interim Order of Protection is effective for up to 30 days. After a hearing, a Plenary Order of Protection may be entered. A Plenary Order of Protection is effective for up to two years. All orders of protection may provide for a prohibition of abuse, exclusive possession of the marital residence, stay-away orders, or the physical care and possession of minor children. If a person knowingly violates an Order of Protection, that violation is deemed to be a crime in the state of Illinois.
Any law enforcement officer with probable cause to believe that a person has violated or is violating an order of protection even if the act was not committed in the presence of the officer, may make an arrest without a warrant.
If you are a victim of domestic abuse or assault at home, or if you feel as though your family may be in danger, you should take immediate steps to ensure the safety of both you and your family. At Davis Friedman, our attorneys can help you to seek an Order of Protection against any current or former spouse, family member, someone with whom you have a child, or any other individual you are or have been in a relationship with.
Child Abuse, Neglect and Removal Proceedings
When a report of alleged child abuse or neglect is filed with the police, the accused parents or other parties need immediate legal representation. This is because in Illinois, any allegation of child abuse or neglect is taken very seriously by the local law enforcement and state child welfare agencies.
At Davis Friedman, we represent individuals and couples who have been accused of child abuse or neglect and are facing child removal proceedings. Our skilled attorneys are dedicated to protecting the rights of our clients and work promptly to keep families from being torn apart.
Defense Against False Allegations
If a false or vindictive allegation of domestic violence is made, it is seen as an abuse of both the system and of the accused because that person is now forced to face the potentially serious civil and criminal consequences. To fight a false allegation, it will almost always be necessary to enlist the services of a lawyer with substantial experience in these cases.
The protections afforded by the Illinois Domestic Violence Act were created to act as a shield to protect victims. Unfortunately, they are sometimes used as a weapon to gain an advantage in a divorce or custody proceeding. The attorneys at Davis Friedman have practiced law in Illinois for many years and have been successful at handling many cases like this and would know the best way to protect you under these circumstances.