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Important points about domestic violence laws in Illinois

On Behalf of | Dec 19, 2021 | Firm News |

An unfortunate issue that arises all too frequently in Illinois is domestic violence. This can place an abused spouse in jeopardy and compromise children’s safety. Understanding various aspects of domestic violence laws, restraining orders, domestic violence arrests, and other issues is important when trying to deal with this problem.

Domestic violence can be perpetrated by family or household members. These are defined as family members through blood or marriage, those who are currently or were once married, those who share a home or used to share a home, those who share a child or claim to, those who have or say they have a blood relationship to a child, those who are dating or once dated, and those with disabilities and emotional assistants. For those who are abused, an order of protection can be sought. If granted, such an order legally prevents the abuser from making threats and abusing and forces him or her to leave the home, particularly if they are on a substance like drugs or alcohol. A protection order can also force an abuser to stay away from the victim, prevent him or her from having custody of children, and require him or her to submit to counseling. A protection order can even force an abuser to give any weapons to law enforcement.

If law enforcement is called to intervene in an abusive situation, there can be an arrest of the abuser and a report detailing what happened. The victim can be taken for treatment, brought to a safe place, or assisted with transportation. The officer can also accompany the abused person to the home to retrieve belongings. Law enforcement will typically emphasize how important it is to save evidence that proves the abuse was taking place. An abuser who was arrested and contacts the victim will likely be ordered to cease contact for 72 hours. If contact is made, there can be additional charges filed. Ignoring an order of protection is also a legal violation.

When spousal abuse is taking place, those who are being victimized need to understand how to move forward to protect themselves and their children. Contacting a legal professional who has experience in domestic violence, removal, and other aspects of these troublesome issues can be helpful in trying to stop the abuse and protect the victimized.

Source: Office of the Illinois Attorney General, “Illinois Domestic Violence Act Victim Information,” accessed on June 28, 2016