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What Is Considered “Abuse” in an Illinois Order of Protection?

Posted on in Domestic Violence

Lombard order of protection attorneyAccording to the Illinois Coalition Against Domestic Violence, one in three women and one in seven men are victims of domestic violence. Abuse and harassment between family or household members is a problem that many people keep hidden. Sadly, many abusive relationships escalate until the victim is severely injured or even killed. An order of protection is a court order that can help protect a victim from further abuse. However, many domestic violence victims do not obtain this valuable legal protection because they are unsure if the actions of a spouse or family member are considered abuse under Illinois law.

Abuse as Defined by the Illinois Domestic Violence Act

If you or a loved one have been the victim of abuse at the hands of a romantic partner or family member, you should know that there are legal actions you can take to protect yourself. An order of protection may prohibit the perpetrator from coming to your home or workplace, calling or otherwise communicating with you, possessing firearms, and more.

To qualify for an Order of Protection, you will need to show that the person you are seeking protection from has physically harmed you or others in your household or caused you to fear that you will suffer harm. Many people assume that abuse is synonymous with physical violence; however, this is not the only type of behavior that is considered abusive under Illinois law. Per the Illinois Domestic Violence Act, abuse includes:

  • Physical abuse – Hitting, using physical force to restrain or confine someone, threatening someone with a weapon, forcing sexual contact, and conduct that creates a risk of immediate harm is abuse.

  • Harassment – This includes unreasonable, unjustified conduct that places someone in emotional distress. Repeatedly calling someone, following someone, looking in someone’s windows, and threatening physical violence may all be examples of harassment.

  • Intimidation of a dependent – This includes forcing a child or other dependent person to participate in or witness physical abuse against someone else.

  • Interference with personal liberty – This includes using physical threats or abuse to force someone to do something that they do not want to do or preventing someone from exercising their personal freedom.

  • Willful deprivation – This includes depriving a person from receiving food, shelter, medication, or other necessities.

Contact a DuPage County Order of Protection Lawyer

An order of protection is a valuable legal tool against domestic violence. In addition to helping you request an order of protection, the attorneys of Pesce Law Group, P.C. can provide you with representation in any related family law matters, such as ending your marriage through divorce or ensuring that your children are safe when making decisions about child custody. For help with orders of protection and other family law needs, contact a Naperville family law attorney at 630-352-2240 for a confidential, free consultation.

Sources:

https://www.ilcadv.org/

https://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3804

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