Elgin Domestic Violence Attorney

Emergency domestic violence protective orders are often obtained on an ex parte basis, without the accused having the right to defend himself or herself. These orders are subject to abuse. It's not unusual for someone going through a divorce to obtain a protective order to kick his or her spouse out of the house.

At the Law Office of James P. Leahy in Elgin, Illinois, I represent both sides in domestic violence proceedings, including requests for protective or restraining orders. If you are a victim of abuse or have been accused of abuse, I offer a free initial consultation to answer your questions and discuss your legal options.

What Is Domestic Violence?

Domestic violence is abuse by anyone related by blood, marriage or in a dating relationship with you. That abuse may include not just physical attacks, but also stalking, threats and harassment.

Victims of domestic violence can seek a temporary protection or restraining order on an ex parte (one-sided) basis. The alleged abuser may be ordered to get out of the house and have not contact with the victim, or may be allowed to stay in the house but be ordered not to harass the victim.

The temporary order lasts from seven to 21 days, after which the accused will have an opportunity to defend himself or herself at a hearing. At this hearing, the protective order could be dismissed, be extended for a period of time on the same terms or on modified terms, or be changed into a plenary order that would apply for two years. The court can also award temporary support and visitation. To protect your rights, you should have an attorney represent you at this hearing.

What if I Am Accused of Domestic Violence?

Being subject to a protection order is very serious and does not look good on your record. Under federal law, you will be barred from possessing firearms or ammunition. If you are a police officer or in the military, you could lose your job.

If you violate a protection order — even one that was obtained under false pretenses — you can be arrested, jailed and charged with a misdemeanor.

Contact an Illinois Lawyer for Orders of Protection

I offer a free initial consultation to new clients. To speak to an Elgin domestic violence lawyer, contact me by e-mail or call my office at 847-348-8692 (toll free at 888-596-0289).