Domestic Violence & Orders of Protection
X

Naperville

Oak Brook

Burr Ridge

Lake Forest

Naperville, IL Domestic Violence and Protective Order Attorneys

DuPage County Lawyers for Sensitive Family Matters

Many families deal with the spectre of domestic violence. Illinois courts use broad definitions of both "abuse" and the victims of abuse. Many judges are willing to err on the side of caution in these matters. Victims are entitled to immediate relief; in some cases, an abuser may even be removed from a marital residence. Later, during a subsequent child custody proceeding, Illinois law may presume that it is not in the children's best interest to have visitation with an abusive parent.

The experienced professionals at Pesce Law Group, P.C. protect families. We employ proven methods that deliver positive results in these situations. If you are a victim, or you have been wrongfully accused, we can help ensure an outcome that protects the best interest of the children while upholding your legal interests.

Short Term Answers

The law gives considerable protection to victims of domestic abuse, especially in an emergency situation. "Abuse" has many forms, including: 

  • Repeated phone calls,
  • Surveillance,
  • Physical force, confinement, or restraint,
  • A credible and immediate threat of physical violence,
  • Concealing your children, and
  • Threatening to remove your children out-of-state.

If you are, or ever were, related by blood or marriage or shared a close dating relationship, you may be entitled to a protective order.

A protective order is typically valid for 21 days. Usually, before a judge will take action, the other spouse must receive notice of the proceeding and have an opportunity to be heard. These orders usually include child support requirements, supervised visitation provisions,  prohibitions against future abuse, and removal from the family residence.

Long Term Solutions

Section 602 specifically lists both physical violence or the threat of physical violence and ongoing or repeated abuse as factors for the judge to consider when awarding custody. If you were accused of abuse and you are unable to refute the allegations, the court will almost surely enter less than favorable visitation and custody orders. 

It is not unusual for a court to order supervised and/or limited visitation, and it is not unheard of for the court to suspend visitation entirely, at least under certain conditions. In addition to a requirement that the abuser remain away from the rest of the family, a court may allow victims to keep their residences confidential and order that the visitation exchanges take place at a neutral location.

For the alleged abusers, the best approach may be to admit wrongdoing, quickly and willingly comply with all court orders, and seek a modification at the earliest practicable opportunity.

Verified allegations of domestic abuse have grave consequences on future court orders. To begin the process, contact Pesce Law Group, P.C. at 630-352-2240 for a free consultation.

Contact Us

NOTE: Fields with a * indicate a required field.
*
*
*

RECENT DIVORCE & FAMILY LAW NEWS

Business Valuation for Divorce Purposes
Business Valuation for Divorce Purposes
Asset division is by far the most complex part of divorce for many people, and this is only magnified if a family business is involved. In order to get an accurate estimation of a business’s value for purposes of the marital estate, professionals are often...
Continue Reading...
The Growing Issue of Elder Divorce
The Growing Issue of Elder Divorce
A trend that has become more apparent with each passing year in the last decade is the rising divorce rate for couples over the age of 55. The overall divorce rate in the United States has continued to drop over the last several years, after...
Continue Reading...
Understanding a Dissipation of Assets Claim
Understanding a Dissipation of Assets Claim
When you are in the middle of a divorce, property division can always become an issue regardless of how amicable the proceedings have been to that point. Both spouses in a marriage deserve their fair share of the marital assets - though “fair” does not...
Continue Reading...
AVVO COLLABORATIVE LAW INSTITUTE OF ILLINOIS SuperLawyers IACP DCBA Illinois State Bar Association Leading Lawyers Network