Geneva Attorneys for Orders of Protection
Experienced Lawyers Serving Clients Affected by Domestic Violence in Kane County and DuPage County
If you or your child has become the victim of domestic abuse, the situation can seem completely hopeless. You may feel totally alone, with nowhere to turn and nobody to trust. The caring team at Olita Law Group understands that, despite decades of public outreach and awareness programs, domestic violence is still a serious problem that plagues countless families right here in the Chicago suburbs. We are prepared to help domestic abuse victims get they protection they need.
Illinois Orders of Protection Lawyers
An order of protection may be necessary if you or your child is in danger of violent or harassing behavior by a spouse, co-parent, sibling, family member, or caregiver. Our attorneys can help you file for an order, which is a legally-enforceable court ruling that will keep a threatening individual away from you and your children. In Illinois, there are three types of orders of protection:
- Emergency Order of Protection: In many cases, a judge will issue an emergency order the same day you request it. The order is based on your testimony alone and is intended to provide relief in the most dangerous of situations. An emergency order of protection, sometimes called a restraining order, can remain in effect for up to 21 days.
- Interim Order of Protection: If an emergency order is not found to be necessary, the second type of order of protection is an interim order that can remain in effect for 30 days. For an interim order to be granted, the accused must be given the opportunity to respond on his or her own behalf.
- Plenary Order of Protection: The court may issue a plenary order of protection lasting up to two years following a full hearing on the facts of the case. If the plenary order is issued against an accused in conjunction with criminal prosecution, the order may remain in effect for up to two years following imprisonment or parole.
Violations of any order of protection are extremely serious and are handled as contempt of court. Violations are also considered criminal charges. Possible penalties for violating an order include fines and imprisonment. According to Illinois law and the United States Code, violators may also face federal charges and punishment.
Protection for the Falsely Accused
Allegations of domestic violence can directly impact proceedings for the allocation of parental responsibilities and parenting time. Of course, if the allegations are true, it may be appropriate to limit the abuser's access to the child or children. However, in some cases, false accusations of domestic abuse are used by unscrupulous parents in an attempt to influence the court's decision. If you have been falsely accused of domestic violence and have been served with an order of protection against you or charged with a criminal offense, the attorneys at Olita Law Group can help you clear your name and protect your parental rights.
Whether you need assistance filing for an order of protection or are the subject of such an order, contact our Geneva office to speak with a knowledgeable attorney. Call 630-402-0333 to schedule your free, confidential consultation at Olita Law Group today. We are proud to serve St. Charles, Naperville, West Chicago, Batavia, Aurora, Wheaton, and all of the surrounding areas.