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Oak Brook restraining order lawyerRealizing that you are in an abusive relationship often takes much longer than many people expect. Due to the emotional ties and feelings of obligation that people in such relationships often experience, they may deny that abuse is occurring. In addition to enduring abuse, victims often struggle to gather the courage and strength to break ties with their abuser. For some, ending an abusive relationship is not only emotionally difficult, but it can also be physically dangerous. In these cases, a victim may be able to protect their safety by obtaining an order of protection.

Orders of Protection in Illinois

An order of protection is what many people commonly call a restraining order. While a restraining order may be obtained to protect against an abusive spouse or partner, these types of orders are not limited solely to those who are romantically involved. An order of protection can be obtained against the following people:

  • Anyone you are related to by blood or through marriage.
  • Those who you are tied to through having a child together.
  • Someone you are seeing romantically or have dated in the past.
  • A person acting violently or threatening to act violently towards one of your employees while at work.

If a judge approves the order of protection, this can mean multiple things for the accused. The judge can order the abuser to stop abusive acts, not contact you, physically stay away from you, attend counseling, pay child support, and/or move out of the home you share. Because not all of these stipulations apply to every abusive relationship, the details of an order of protection can vary based on the situation. 

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IL defense lawyerIllinois has enacted stringent domestic violence laws designed to safeguard victims from their abusers. However, merely passing a law does not eliminate the problem, and misinformation abounds which can wind up leading victims up the proverbial garden path. If you are in a critical situation, it is imperative to ensure that you understand the truth, lest you neglect a resource that might better your situation, especially if quality of life or safety are at stake.

Myth: “Domestic violence is an entirely private matter.”

Fact: In reality, victims have reported notably higher instances of certain diseases and health conditions, such as strokes, high blood pressure, substance abuse, and heart disease. Productivity losses associated with injuries and violent death due to domestic violence have been estimated at over $1.8 billion. Psychiatric conditions such as PTSD are reported at multiple times higher in domestic violence victims than they are in those who have never experienced such treatment, especially women. This is a crime which affects society in significant ways, at the very least economically.

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illinois domestic violence attorneyOn a lot of occasions, people who are charged with a crime might only be familiar with the offense because of television and pop culture. This is especially true for many domestic violence defendants, who are often unaware that what they have allegedly done even falls under the specter of domestic violence. If you have been charged, being able to separate fact from fiction about Illinois’ domestic violence law can make all the difference.

Domestic Violence Law

Contrary to what one sees on television, Illinois’ domestic violence law is far-reaching, covering much more than just spouses. The statute defines domestic violence as a crime against a household member and specifically defines household members as including spouses, but also many others. Household members include spouses, former spouses, parents, children, stepchildren, any other blood relative, and many other categories of a person both related and not related by blood to the alleged abuser.

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Diane'sBeing accused of a domestic violence crime is a severe allegation that can have a lasting impact on your personal, family, and professional life. Domestic violence has been at the forefront of media attention recently due to the fact that October was National Domestic Violence Awareness Month and that the Illinois State Legislature passed a new domestic violence law that will be effective January 1, 2015. The law is intended to protect victims of domestic violence and to emphasize enforcement of probation conditions after bail is set and a criminal defendant is released.

Named Diane’s Law after a controversial murder-suicide that occurred after a series of physical abuse, this new Illinois law seeks to ensure Orders of Protections are enforced by courts and aim to protecting victims from future abuse. Orders of Protection are often entered against an accused defendant to prevent him or her from contacting the victim when there is a reasonable fear of physical, emotional, or mental abuse. If you have domestic violence charges pending against you, it is critical to understand what your rights and responsibilities are under this and other relevant domestic violence laws.

What You Need to Understand About Domestic Violence Allegations

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illinois domestic violence lawIllinois recognizes two types of domestic violence: domestic battery and aggravated domestic battery. Domestic battery is a Class A misdemeanor and may result in up to one year in jail and a $2,500 fine. Aggravated domestic battery is a Class two felony, which carries a possible sentence of one to five years of incarceration and fines of up to $10,000, or more depending on the offense.

Domestic Battery

Under Illinois law, a person commits domestic battery when he or she causes bodily harm to a household or family member. Likewise, domestic battery may be charged against a person who merely makes physical contact of an insulting or provoking nature with a family or household member. A person may commit the broadly-defined crime of domestic battery by committing a variety of acts such as perpetrating physical abuse, harassing or intimidating a family member, interfering with a family member’s liberty or willfully depriving a dependent family member of necessary goods or supplies (such as in a case of elder abuse).

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illinois domestic violence lawyerAssault, battery, or other acts of violence against any other person may be a criminal offense with serious penalties. Illinois law goes further and specifically criminalizes violence against certain members of your family, partners, or those in other types of close relationships.

The Illinois Domestic Violence Act of 1986 sets out particular consequences for such acts, which are considered to be under the category of “domestic violence.” Domestic violence charges can be very serious and may include a wide array of potential consequences depending on your particular situation. If you have been arrested on suspicion of domestic violence in Illinois, you should contact an experienced defense attorney for help as soon as possible.

What Constitutes Domestic Violence?

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It is not going to be a very merry Christmas for a young boy that watched his father bludgeon his mother to death. According to a report by the Huffington Post, the brutal beating happened in the Tinley Park, a suburb of Chicago.

The incident allegedly began with a fight between 47-year-old Bahaa Sam and his 38-year-old wife Nermeen Sam. The fight was allegedly over him continuing to be unemployed. She attempted to leave the house and he proceeded to follow her outside with a curling bar used for weightlifting. He beat her to death with the bar. Authorities state that she was hit with the bar at least 10 times.

The body was discovered by village workers that were riding past the residence that noticed Nermeen laying underneath a tree in the front yard of the residence. When authorities arrived, she had already died as a result of her injuries.

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The Chicago Tribune reports that a woman used a broken wineglass to slash her boyfriend’s neck during an early Monday morning domestic altercation in Chicago’s Rogers Park neighborhood. While law enforcement officials took the 51-year-old woman into custody, the injured man was transported to St. Francis Hospital in Evanston for treatment.

In the state of Illinois, the law treats domestic disputes very seriously. Pursuant to Illinois’s domestic battery statute, police must take a suspect into custody whenever they have probable cause to believe that a domestic battery occurred. Police must make a domestic battery arrest even if the victim refuses to make a statement or sign a complaint form. No matter how uncooperative the victim may be, the police still must follow the domestic battery statute.

chicago illinois domestic violence defenseUnder Illinois law, domestic battery occurs whenever a person knowingly or intentionally caused, without legal justification, bodily harm or insulting or provoking physical contact, to a family or household member. An incident legally qualifies as a domestic battery even if it involves only a slap or push, or a very minor injury.

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