October has been recognized as National Domestic Violence Awareness Month since 1989.
This month offers an opportunity to honor domestic violence survivors and open conversations about the effects of domestic violence on victims, including women, men, and children.
What Is Domestic Violence?
According to the Office on Violence Against Women (OVW) within the U.S. Department of Justice, domestic violence is defined as a pattern of abusive behavior in any relationship, where one partner uses control and power over another intimate partner.
Domestic violence can take many forms, including physical, sexual, emotional, economic, psychological, or technological abuse, and involves actions or threats that influence a partner within an intimate relationship. These behaviors may include intimidation, manipulation, humiliation, isolation, and threats or actions that harm, frighten, or control the other person.
What Is an Order of Protection?
To protect yourself or loved ones from harassment or abuse, you can obtain an Order of Protection (commonly known as a restraining order). This is a legal document, issued by a court and signed by a judge, that restricts an individual who has abused a family or household member, spouse, or dating partner.
What Is an Order of Protection?
In Illinois, four types of protection orders can be filed by individuals with safety concerns:
1
Order of Protection:
For cases of domestic abuse where there is a known relationship with the abuser.
2
Civil No Contact Order:
For cases of sexual assault where there is no relationship with the abuser.
3
Stalking No Contact Order (SNCO):
For stalking incidents, which can be filed on behalf of a child, elderly, or disabled person.
4
Firearm Restraining Order:
For cases where an individual requests court intervention because a family or household member has access to firearms and poses a potential threat.
Provisions Allowed Under Protective Order Statutes
Judges may include various provisions in a protective order, such as:
1
Cease Abuse:
Ordering the abuser to stop all abusive behavior.
2
Stay Away:
Requiring the abuser to stay away from the victim’s home, workplace, or school.
3
No Contact:
Prohibiting any contact via phone, messages, mail, or third-party attempts.
4
Support:
Requiring the abuser to provide temporary child support or continue mortgage payments.
5
Exclusive Use:
Awarding the victim sole use of a shared home or vehicle.
6
Restitution:
Ordering the abuser to pay for damages such as medical costs or property damage.
7
Relinquish Firearms:
Mandating that the abuser surrender any firearms.
8
Treatment:
Requiring the abuser to attend a batterer’s program or substance abuse counseling.
8
Custody, Visitation, and Child Support:
Allowing the court to make temporary decisions about child care, including supervised visitation and child support within the restraining order.
Seeking an Order of Protection
When considering an Order of Protection, it’s important to understand the factors that may influence the court’s decision. Consulting with an experienced attorney can provide guidance in navigating this complex area of family law.
In support of this initiative, our firm has attended the 2024 Domestic Violence Summit in Chicago, IL.
