Domestic Violence & Orders of Protection

Protecting Your Safety: Domestic Violence & Orders of Protection

St. Charles - Edwardsville - O'Fallon - Granite City

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Protection Against Domestic Violence and Unjust Accusations

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.

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stcharles, Missouri, st. louis, divorce

Missouri & Illinois

Our offices in Missouri and Illinois are conveniently located. Divorce laws differ according to the jurisdiction. Having in-depth knowledge of the local statutes in their region, our attorneys are prepared to assist you in dealing with any family law issue.
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You need to schedule an initial consultation with an attorney to begin the legal process, divorce process, or custody process. You will have an opportunity to ask your most pressing questions during this one-hour meeting. An initial consultation fee will be quoted when you call to schedule one. All reputable lawyers have consultation fees. Be cognizant of no-fee consultations.
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What to Expect for Any Case.

A divorce or legal process begins with the initial consultation with your attorney. The hour will be devoted to answering specific questions and drafting goals for your case. You can expect your attorney to outline a strategy that has the best chance of success based on the information you provide.

Meet With Attorney at Office or Online

Ensure you bring all necessary documentation to your consultation, including current and legal documents you think our attorneys will need to see, such as W-2 forms and last year's tax records. If you're not sure what documentation to bring, ask. You will have a more productive initial consult if you have the proper documentation on hand.

Frequently Ask Questions (FAQ) of Divorce

Do we Need To Wait Before we File for a No-Fault Divorce?

Not always. In the case, you as well as your spouse, have lived apart for a continuous period of at least six months before admission of the divorce judgment, the two-year separation requirement could be waived, but only if you both consent in writing to do this. In case the two of you cannot consent, then you will have to satisfy the 2-year condition.

Do you know the Important Legal Problems in a Divorce?

The important problems that commonly come up in divorce cases are property division, child custody and visitation, child support, and alimony. Partners can enter into an agreement, property settlement agreement or divorce agreement, to resolve all or a number of the problems presented by their divorce case. This agreement, and, in particular, any arrangements regarding child custody and child support, will need court acceptance. They will have to fight it out in court where a judge will determine for them under the principles of Illinois law if spouses can not agree on any of the problems.

What’s a Legal Separation?

If you are living separate and apart from your spouse, you can petition a court to allow you a legal separation and fair support or alimony. Either spouse will not be prevented by a ruling for legal separation from filing for divorce after. 

What are my Legal Rights?


Facing family or divorce issues?

At Besserman Law, we understand that family and divorce matters can be challenging and emotionally draining. Our experienced team is here to provide you with compassionate, professional legal support every step of the way.
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