Orders of Protection

We are committed to representing individuals who may be in need of an Order of Protection as well as those individuals who may have been accused of domestic violence.

Orders of Protection can provide abused persons with protection.  For example, an alleged abuser can be barred from the family residence and the person claiming to be abused can be granted possession of the residence.  Orders of Protection can involve spouses, partners or parents.  Orders of Protection may have to do with preventing an individual from continuing to harass, stalk, or abuse.  Domestic violence is a serious criminal offense that can result in incarceration, fines, and a criminal record, depending on the disposition of the case.  A restraining order or Order of Protection may be recommended when a threat of violence accompanies a dissolution of marriage proceeding or with respect to other family law disputes.

Abuse Required to Obtain an Order of Protection

If there is abuse by a family member or household member that may be enough to obtain an Order of Protection.  An abuser may be any family member, spouse, former spouse, parents or children, step-children or any other person who is related by blood.  An abuser may be someone that shares a common dwelling or someone that has a child with another and may also include a current former boyfriend or girlfriend.

What is Physical Abuse

Physical abuse does require physical contact.  For example, being deprived of sleep may qualify as reckless conduct which tends to create a risk of harm.  Likewise, keeping someone from leaving a location could be considered confinement or restraint, which may also be considered physical abuse.

Order of Protection for Harassment

Harassment may be grounds for an Order of Protection where there is no physical abuse.  Harassment may be unreasonable conduct which causes a reasonable person to incur emotional distress.  For example, repeated stalking may be considered harassment.

Domestic Violence

Domestic violence can occur when one partner controls the other using physical, verbal, emotional, sexual or economic abuse.  In other words, domestic violence can be more than simply physical abuse.  The Illinois Domestic Violence Act includes physical abuse, harassment, intimidation of a dependent, interference with personal liberty or wilful depravation.

What is an Order of Protection

An Order of Protection is a Court Order that tells your abuser to stop abusing you.  It may also tell your abuser to stop abusing your children.  The Order tells him or her in detail what he or she must do or must not do.

Violation of an Order of Protection

An Order of Protection cannot guarantee your safety.  But if your abuser violates or does not obey the Order, some things that can help keep you safer include (1) he or she can be arrested and put in jail, (2) he or she can be charged with a more serious crime, (3) he or she can have guns in his or her possession taken away, (4) if your abuser stalks you or is harassing you at work, you can call the police to protect you at work, (5) if you have been living together and you left home, the police can go with you to get your things from where you were living.

How to Obtain an Order of Protection

An Order of Protection is obtained from the Court.  An Order of Protection may be issued by the Court if the person you need protection from is (1) your husband or your ex-husband, (2) the father of your children, even if you were never married, (3) related to you by blood, marriage or adoption.

What Protections May Be Requested

The Court can be asked to Order various things, such as, (1) your abuser must not harm or threaten you, (2) your abuser must stay away from you, your home, your job, your school, child’s school, child’s daycare and/or any other place where you often go, (3) your abuser must move out of the apartment that he or she lived in, (4) your abuser must pay temporary child support, (5) your abuser cannot interfere with the care and custody of your children (6) your abuser’s gun licenses can be revoked and he or she must surrender any guns in his or her possession, (7) you can return home with police protection to pack up your things if you decide to move out, (8) your abuser must pay for your expenses caused by his or her abuse.

How To Defend Against An Order Of Protection

Your attorney can explain how to defend against an Order of Protection.  In many instances, there may be a claim that a person who obtained an Order of Protection either misrepresented or exaggerated facts to fit his or her own interests.  We believe that if untruthful statements have been made, then appropriate pleadings should be filed in order to correct the record and to obtain appropriate relief for the client.

Order of Protection Defense Lawyer

We help victims of family violence to obtain Orders of Protection and we defend those accused of family violence also.  We realize that each client’s situation is unique and approach each case with the client’s needs with this in mind.  If an Order of Protection has been entered against you, and you need an experienced Order of Protection Attorney to defend you, please contact our office (24/7) and we can make arrangements to meet with you on an initial no charge visit or free consultation in order to review your facts and circumstances, explain the Order of Protection that was issued and other documentation relating to that case, and provide an experienced and aggressive defense.  We believe the strength of the effort is the measure of the result.  In other words, if we accept your case for representation, you may be assured that your rights will be immediately vigorously represented to ensure the best possible outcome

“AV” Rating

Blake Law Group, P.C. has received an “AV” rating from Martindale-Hubbell Law Directory, the most trusted and respected service for rating attorneys in the United States. The “AV” rating is the highest possible rating for legal abilities and reputation by other lawyers.

Referrals

We often receive referrals from other attorneys who may not practice, at least to the extent we do, in regard to certain areas of the law, including complex family matters. As a result, this has increased our volume of cases and expertise in this area of the law.
We have been involved in various legal matters in numerous counties throughout Illinois, including Bond County, Clay County, Clinton County, Effingham County, Fayette County, Franklin County, Green County, Hamilton County, Jackson County, Jefferson County, Jersey County, Johnson County, Macoupin County, Madison County, Marion County, Monroe County, Perry County, Randolph County, St. Clair County, Salem County, Union County, Washington County, Wayne County, White County, Williamson County, Edwards County and including cities such as Belleville, Edwardsville, Collinsville, Alton, Carlyle, Greenville, Vandalia, Bloomington, Springfield, Vienna, Pinckneyville, Nashville, Jerseyville, Carrollton, McLeansboro, Carmi, Marion and Carbondale.