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Wheaton Restraining Order Lawyer

Attorneys For Obtaining Orders of Protection in DuPage County

Winfield Order of Protection Attorney

Domestic violence and domestic abuse are incredibly serious offenses, and if you or your children are under the threat of physical harm, you should take steps to protect yourselves. At Anderson and Associates, P.C., our compassionate, dedicated family law attorneys take these allegations seriously, and we can assist you in obtaining an order of protection that will ensure your family's safety.

Domestic Violence Orders of Protection in Illinois

A domestic violence order of protection will provide safety for your family from abusive household or family members. There are three types of domestic violence orders of protection in Illinois:

  • Emergency Order of Protection - This is a temporary restraining order which can be issued based solely on the testimony of an abuse victim before a judge. The accused abuser does not need to be present during this testimony. Emergency orders of protection typically last for 14 to 21 days. If necessary, a hearing will be held to determine whether the order of protection should be extended beyond this time.
  • Interim Order of Protection - If a hearing cannot be held before an emergency order of protection expires, the order can be extended for up to 30 days with an interim order of protection. Before an interim order can be issued, the accused abuser must have made an appearance before the court, or they must have been notified of the date of the upcoming hearing.
  • Plenary Order of Protection - Following a court hearing in which both the accuser and the accused can present evidence and argue whether the order should be extended or dismissed, a plenary order of protection may be issued. Plenary orders can last for up to two years.

Orders of protection can compel an abuser to meet a variety of requirements, including:

  • Ceasing any acts of abuse or harassment
  • Staying away from your home, work, or school
  • Refraining from contacting you or your children via phone, mail, electronic communication, or messages through third parties
  • Undergoing counseling
  • Reimbursing you for expenses or losses caused by abuse, including medical expenses, property damage, attorney's fees, moving expenses, and counseling for you or your children
  • Paying spousal maintenance and/or child support

Other Types of Restraining Orders

While domestic violence orders of protection provide protection from abusive family members, there are other types of restraining orders which provide protection from non-family members:

  • Sexual Assault Civil No Contact Order - This type of restraining order protects victims of sexual assault by prohibiting an offender from contacting the victim.
  • Stalking No Contact Order - This type of restraining order protects people from conduct that causes them to fear for their safety or brings them emotional distress. Offenders can be prohibited from further acts of stalking and ordered to refrain from contacting the victim or stay away from certain locations.

Defending Against an Order of Protection

Allegations of abuse often occur during divorce, and unfortunately, these charges are not always legitimate. Spouses may use abuse charges to obtain a restraining order as a tactic in disputes related to child custody, child visitation, or other contentious divorce issues. If you have been charged with abuse and served with an order of protection, our divorce attorneys can investigate your case, defend you in court, and help you protect your rights during your divorce.

Experienced Legal Counsel in Matters Related to Domestic Violence

At Anderson and Associates, P.C., we understand the serious nature of domestic abuse, and we can help you ensure that your family has the protection it needs against any threats. Our attorneys have over 30 years of experience handling divorce and family law cases, and whether you are looking to obtain an order of protection or defend against abuse allegations, we will provide compassionate legal assistance throughout the entire process. Contact a Wheaton family law attorney at 630-653-9400 for an initial consultation. We assist clients throughout DuPage County, including Glen Ellyn, Naperville, Glendale Heights, West Chicago, Winfield, and Warrenville.

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