Category Archives: order of protection

CAN A COURT ISSUE A PROTECTIVE ORDER BEFORE YOU ARE CONVICTED?

Under Illinois law, the answer is yes “if the court finds prima facie evidence that a crime involving domestic violence, a sexual offense or stalking has been committed.” (See 725 ILCS 5/112A-11.5.) Prima facie evidence can include the complaint against … Continue reading

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ILLINOIS EXPANDS ELIGIBILITY FOR PROTECTION UNDER DOMESTIC VIOLENCE LAWS

As you may imagine, domestic violence laws were intended to apply to the domestic front—people close to your home such as a family member or significant other. Parties eligible for an Illinois order of protection from domestic abuse include: 1) … Continue reading

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WHAT IS HARRASSMENT UNDER ILLINOIS DOMESTIC VIOLENCE LAW?

You’ve just received notice that your significant other or spouse has filed for an order of protection against you. The petitioner claims you have harassed him or her. What exactly does that mean? What can you do to defend yourself? … Continue reading

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WHAT IS “ABUSE” UNDER THE ILLINOIS DOMESTIC VIOLENCE ACT?

You’ve just been served notice that your former partner or spouse is seeking an order of protection against you. They are claiming that you abused them. How is abuse defined, and what are your options? Under the Illinois Domestic Violence … Continue reading

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ILLINOIS TOUGHENS LAW ON DOMESTIC VIOLENCE OFFENDERS

Starting January 1, 2015, Illinois law gives the Court new tools to discourage offenders from violating an order of protection. Known as “Diane’s Law,” the new law enables the court to keep tabs on an offender’s whereabouts through electronic or … Continue reading

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“I DIDN’T KNOW!”: WHEN IGNORANCE IS A DEFENSE

As the saying goes, ignorance of the law is no excuse. Generally, that statement is true. All persons are presumed to know the law. There are rare occasions, however, when ignorance can be a defense. In Illinois, ignorance can be … Continue reading

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