Pesce Law Group, P.C.

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Naperville | Oak Brook | Burr Ridge | Lake Forest | St. Charles

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 if 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.

An emergency 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.

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