Our Naperville orders of protection attorneys work to protect every person’s right to feel safe and live without the fear of being harmed or abused. If you are a victim of abuse and have been subjected to threats of violence, you should get an order of protection to keep yourself safe from further harm and obtain legal relief. The intended purpose of orders of protection is to safeguard family members of alleged abusers. However, some people exploit it to gain an advantage over their spouse in a divorce proceeding.
If you have been subjected to domestic violence or have been falsely accused and your partner is seeking an order of protection to gain an unfair advantage, we can help you with your case. Our family law attorneys at Keller Legal Services have more than 30 years of experience in the practice area of family law. We have in-depth knowledge and skills to help clients with issues related to divorce and orders of protection and provide them with effective representation.
Domestic violence is a unique area of family law that provides protection to household and family members. They are covered under the Illinois Domestic Violence Act, and some abuse actions are classified as criminal offenses as well. In domestic violence and orders of protection cases, the relationship between the abuser and victim is the key to determining the outcome.
In Illinois, the following persons can obtain a restraining order against the abuser:
It is a common misconception among people that domestic violence involves only hitting or a physical form of abuse to the other person. However, it also includes non-physical abuse, such as:
By filing an order of protection, you can immediately put a limit to several rights of the abuser, such as entry to your home, visiting family members, and contacting you in any way. In the case of a marriage, the abused spouse can put restrictions on visiting their children, and it can give them an upper hand in a future divorce action as well.
Domestic violence is a serious issue that involves a wide range of abusive behaviors aimed at causing physical, emotional, or psychological harm to an individual. In Illinois, it is defined to include acts such as physical harm, which can range from minor assaults, like slapping or pushing, to more severe attacks that result in serious injury. Harassment might manifest as incessant and unwanted communication, whether through phone calls, texts, or social media, causing the victim to feel unsafe and anxious.
Intimidation includes behaviors designed to instill fear in the victim, such as threats of violence or coercive tactics intended to control or manipulate. Interference with personal liberty can involve the abuser restricting the victim’s movements or freedoms, effectively preventing them from making their own choices or leaving an abusive situation.
Willful deprivation signifies the denial of basic needs—such as food, medical care, shelter, or emotional support—creating a power imbalance that perpetuates the cycle of abuse. The definition further extends to include actions perpetrated by family or household members, highlighting the deeply entrenched nature of these behaviors within personal relationships.
The scope of domestic violence victims is broad and includes individuals from various backgrounds and relationships. This can encompass current spouses and former spouses, as well as parents and children, including stepchildren. Known as a family or household member, victims can also include individuals related by blood or marriage, such as siblings, grandparents, and extended family members. Moreover, anyone who currently shares or has previously shared a living space with the abuser, including roommates, is recognized as a potential victim.
Those who have or are believed to have a child together—biologically or through legal means—are also covered under this definition. Additionally, individuals engaged in dating relationships or engagements, regardless of duration, may find themselves victimized. It is essential to note that disabled individuals and their caregivers can also be victims, highlighting that abuse can occur in many contexts and settings.
Victims of domestic violence in Illinois can access a range of legal protections aimed at ensuring their safety and well-being. One primary legal remedy is the Order of Protection, a powerful tool designed to provide immediate relief and safety to individuals experiencing abuse. When granted, this order can include several protective provisions, such as no-contact orders that legally prohibit the abuser from communicating with or approaching the victim.
Victims may also be granted exclusive possession of their residence, which allows them to remain in their home while the abuser is ordered to vacate. In situations involving children, the order can include temporary custody arrangements to ensure the safety and stability of young ones during tumultuous times. Additional measures may encompass support for financial resources or access to counseling, tailoring protection to the unique needs of the victim.
To obtain an Order of Protection in Illinois, individuals must take proactive steps by filing a petition at their local courthouse. This process begins by completing specific legal forms that outline the nature of the abuse and the need for protection. Victims may be required to provide evidence or testify about the incidents of abuse they’ve experienced.
In urgent situations where immediate danger is present, the court has the authority to issue an emergency order, which can be granted swiftly without requiring the abuser to be present. This emergency order serves as a temporary measure until a full hearing can be scheduled, allowing both parties to present their case before a judge. In the subsequent hearing, the judge will assess the evidence, consider testimonies, and determine whether to grant a longer-term plenary order for protection.
What should I do if I am in immediate danger?** If you find yourself in a situation where immediate danger is present, your first priority must be your safety. Contact emergency services by calling 911 or your local emergency number without hesitation. It is vital to seek refuge with trusted friends or family members, or head to a domestic violence shelter where trained professionals can provide immediate assistance and protection. Planning ahead is crucial; consider creating a safety plan that outlines escape routes and identifies safe locations to go in case of an emergency. Having an emergency bag packed with essential items—such as identification, money, medication, and important documents—can facilitate a quick departure from a harmful situation.
Yes, domestic violence cases are regarded as criminal offenses by the state of Illinois, which means that law enforcement has the authority to pursue charges independently of the victim’s wishes. The legal system acknowledges that domestic violence affects not just individuals but the community as a whole and seeks to address it vigorously.
Consequently, police officers may arrest an individual based on evidence of a domestic violence incident, even if the victim chooses not to file charges. This independent prosecution serves as a protective measure, underscoring the state’s commitment to combating domestic violence and safeguarding victims.
Penalties for domestic violence in Illinois are determined based on various factors, including the severity of the offense and the offender’s prior criminal record. For instance, a charge of simple domestic battery—typically involving minor injuries or threats—can be classified as a Class A misdemeanor, which may result in penalties such as fines, probation, or a short jail sentence.
In more severe cases, such as aggravated domestic battery, which may involve serious bodily harm or the use of dangerous weapons, the charge can be elevated to a Class 2 felony. Convictions for felonies carry more severe penalties, including longer prison sentences and substantial fines. Moreover, individuals with prior convictions may face enhanced penalties, demonstrating the legal system’s commitment to addressing repeat offenders and providing a deterrent against future violence.
Illinois offers an array of resources designed to support individuals experiencing domestic violence. These resources include emergency shelters that provide a safe haven and are staffed with professionals trained to assist victims in crisis. Additionally, 24-hour hotlines are available, allowing victims to connect with trained advocates who can offer immediate support, guidance, and resources tailored to their specific situations.
Counseling services are also accessible, providing emotional support and therapeutic interventions aimed at helping victims process trauma and rebuild their lives. Legal aid organizations play a crucial role in assisting victims navigate the complexities of the legal system, ensuring they can secure necessary protections and benefits. For immediate assistance, individuals can reach out to the Illinois Domestic Violence Hotline (1-877-863-6338), where trained advocates are available to help around the clock.
Yes, victims of domestic violence may be eligible for financial compensation through the Illinois Crime Victims Compensation Program. This program is designed to assist individuals who have suffered physical, emotional, or financial harm due to violent crimes, including domestic violence.
Eligible expenses covered by the program can include medical bills for injuries, mental health counseling costs, and relocation expenses for victims needing to move to a safer environment away from their abuser. Victims can apply for this assistance after reporting the crime, and it serves as a vital resource for those facing the often overwhelming financial burden associated with recovery.
Supporting a friend or family member who is experiencing domestic violence requires sensitivity, empathy, and understanding. Start by providing a safe and non-judgmental space for them to share their experiences at their own pace; often, victims may feel shame or fear and need reassurance that they can speak openly without being criticized. Offer information about available resources, including hotlines, shelters, and counseling services, and encourage them to seek help, emphasizing that they are not alone in this situation.
Respect their decisions and autonomy, even if you disagree with their choices, as the victim knows their circumstances best and must feel empowered to make their own decisions. Your role is to be a steadfast support, offering emotional encouragement while encouraging professional help to facilitate their journey toward safety and recovery.
In the United States, an estimated two to three million new restraining orders are issued each year. Whether you have been a victim of domestic violence or falsely accused of the act, the experienced attorneys at Keller Legal Services can provide aggressive representation and produce solid evidence at the order of protection hearing to support your position. In addition, we can also help you seek a modification of an existing order of protection to put further restrictions on the defendant.
Contact our office today for a free initial consultation by calling 630-505-1515. We represent child order of protection cases and family law clients in and around Naperville, Aurora, Wheaton, and Bolingbrook, as well as throughout DuPage, Kane, and Will Counties.
(Updated 3/10/2025)
