Orders of Protection Pursuant to the Illinois Domestic Violence Act of 1986

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Illinois lawmakers have recently amended the Illinois Domestic Violence Act of 1986 and increased the remedies and modified the categories for protected parties under the Act.  (750 ILCS 60/102).

With these changes, Illinois has shown its commitment to preventing domestic violence.  The Act protects against all violence from family and household members including: hitting, kicking, choking, threatening, harassing, or interfering with a family or household member’s personal freedom. The definition of family and household members has  been expanded to include: ” any persons related by blood or who share a blood relationship with a child; any persons who are dating, used to date, are engaged, used to be engaged, are married, or used to be married; persons who share or used to share a home (including any common dwelling); and violence against a person with disabilities committed by their personal assistants.”

Anyone who suffers from domestic violence should call their local law enforcement officers  to make a report and press charges if necessary. A victim of domestic violence should also consider filing for an order of protection. Orders of protection, sometimes called restraining orders, once entered  by a court, will protect against further abuse by prohibiting  an  abuser  from further violent conduct and, in some cases, terminate contact between the abuser and the victim. Other remedies provided by an order of protection  include barring the  abuser from coming near the victim’s home, car, children, or family members. In some cases where the parties are married or cohabitating, an order of protection may award the victim exclusive possession of the shared residence.

Orders of Protection can also be used  in an array of family law matters, including but not limited to allocation (i.e. custody) and  parenting cases. An individual who is subject to an order of protection may have their custody or parenting time revoked or the terms of their parenting time changed. Furthermore, an order of protection is able to award a victim necessary monetary relief such as child support.

A violation of an order of protection may lead to a criminal charge and possible incarceration and fines. Make sure you know your rights when filing your petition for an order of protection. If you have suffered from domestic violence and need help filing a petition for order of protection or need representation for your hearing, contact Kiswani Law, P.C. today at (708) 262-9247.

 

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