Orders of Protection Attorneys in St. Charles, Illinois
Kane County Lawyers for Orders of Protection
If you or your children have been the victims of domestic violence, your first priority should be finding a safe place away from the threat of continued abuse. Then, depending upon the circumstances of your situation, you may wish to file for a court-issued order of protection to prevent future violence. At Bochte, Kuzniar & Navigato, P.C., we are fully prepared to help you take the action necessary to protect your physical and emotional well-being and that of your children.
Trusted Legal Guidance for Orders of Protection
For more than 40 years, our attorneys have helped individuals and families throughout the region to seek protection from domestic violence in the most serious situations. While the physical effects of domestic abuse are often more obvious, we realize that such behavior can have long-term psychological implications for victims as well. In addition to helping you find available domestic violence resources, our team can also provide assistance in petitioning the court for orders of protection.
An order of protection in Illinois is a powerful court directive that carries the weight of the law and may be used to prevent continued physical and emotional abuse. The order may prevent the abuser from having contact with you or your children, limit his or her ability to possess a firearm, curtail parenting time rights, and require or prevent other behaviors to keep you and you children safe. Failure to comply with an order of protection is prosecutable in criminal court, and may result in severe penalties.
Types of Orders of Protection in Illinois
Illinois law provides for three different types of orders of protection, each designed to serve a particular purpose for specific period of time:
Emergency Order: Sometimes referred to as a restraining order, an emergency order of protection can be issued by a court 24 hours a day, solely on the testimony of the victim, and may remain in effect for up to 21 days.
Interim Order: If you wish to have an emergency order of protection extended, a hearing must be held during which the person charged with the crime will have the right to testify. In some cases, the hearing cannot be scheduled until after the emergency order expires, meaning that an interim order may be needed. The party being charged must be notified and be given the opportunity to appear before an interim order may be issued. An interim order of protection can remain in effect for up to 30 days.
Plenary Order: Following a full hearing and testimony from both parties and any witnesses, a plenary order of protection may be issued. As the most permanent type, a plenary order can remain in effect for up to two years, at which point the victim can petition for it to be renewed.
Advocates for Falsely Accused Clients in Geneva and Batavia
While the dangers of domestic violence are certainly real, false accusations of such abuse have the ability to destroy your life. Your parental rights and time with your children may be threatened, as well employment opportunities and other personal liberties. If a family member has filed for an order of protection against you, our attorneys are ready to investigate your claims and fight for your rights.
To learn more about the laws regarding domestic violence and orders of protection in Illinois, contact the St. Charles office of Bochte, Kuzniar & Navigato, P.C.. We invite you to schedule a free, no-obligation consultation to discuss your situation and your available options. Call (630) 377-7770 and put our knowledge and skill on your side. Our attorneys serve clients throughout Kane County, DuPage County, Kendall County, DeKalb County, and the surrounding areas.