In Illinois, the Domestic Violence Act serves as a safeguard against recurring physical abuse and harassment within households, families, and among vulnerable adults. The term "family members" encompasses those related by blood, current or former spouses, cohabitants, dating couples, and individuals with disabilities. An Order of Protection is a court-issued directive designed to prevent an abuser from engaging in physical abuse, harassment, interference with personal liberty, the use of force, or willful denial of essential needs to a disabled or elderly person. Neglect, such as the failure to take necessary actions to protect high-risk adults with disabilities or withholding life necessities, also constitutes a violation of the Domestic Violence Act.

Often, domestic violence cases require immediate attention and a comprehensive understanding of the legal system to secure the necessary protection. Emergency Orders of Protection can be granted by the court without prior notice to the alleged abuser. These orders typically last for a minimum of 14 days but no more than 21 days. If the alleged abuser has been served with notice of the hearing, the court may issue an Interim Order of Protection, which can remain in effect for up to 30 days. Subsequently, after a thorough evidentiary hearing, the court may issue a Plenary Order of Protection, which can be effective for up to two years. All Orders of Protection may include provisions for exclusive possession of the marital residence, restrictions on contact, stay-away orders, or directives related to the care and custody of minor children. Violating an Order of Protection is a criminal offense, and law enforcement officers are authorized to make arrests without a warrant if they have probable cause to believe an order has been violated.

In addition to the Domestic Violence Act, Illinois has enacted the Stalking No Contact Order Act, which shares several requirements with the Domestic Violence Act.

At Besserman Law, we understand the gravity of charges under the Domestic Violence Act and the need for diligent and competent representation. We are dedicated to resolving domestic violence matters positively for our clients, and our experienced team handles various aspects of family law, including adoption, custody, divorce, premarital agreements, spousal support, and more. If you are seeking legal assistance, contact us for a divorce lawyer consultation today. While there is a small initial consultation fee, this amount will be deducted from the required retainer if you choose to retain Besserman Law Office.