Domestic Violence can be the subject of family related legal matters. There are many behaviors that can constitute domestic violence, including physical abuse harassment, intimidation of a dependent, interference with personal liberty, and willful deprivation. At Bruckner Hernandez Legal Solutions, LLC, our legal team has the compassion and experience necessary to help you through your trying situation. Attorney Rachel Hernandez has worked on behalf of families dealing with domestic violence for nearly two decades and attended law school with this as a focus. Her broad range of experience in domestic violence includes a background working in a domestic violence shelter, representing the State in criminal domestic violence prosecutions, and representing clients in obtaining or defending orders of protection. She has also served as a volunteer with Prairie State Legal Services, the Community Crisis Center and the St. John Neumann Domestic Violence Ministry. She works collaboratively with other professionals in order to resolve contentious matters in the safest way possible.
The Illinois Domestic Violence Act allows victims to request an order of protection. A judge can offer anyone who has experienced abuse by a family or household member an emergency or long-term protective order. Individuals who can be protected by a court order include children, former spouses, parents, current spouses, stepchildren, boyfriend, girlfriends, fiancés and individuals who share a dwelling with the offender.
There are a variety of factors that courts consider when deciding whether or not to grant a protection order, which includes the following:
- The consequences, frequency, nature, and severity of the abuse.
- The danger that a child will be abused, neglected, or removed from Illinois.
- The likelihood or risk of future abuse.
There are also three different types of protection orders in the State of Illinois:
- Emergency Orders – These orders are issued quickly and are available when there is a risk of further abuse if the order is delayed. These orders only last for 14 to 21 days and can be issued without the abuser knowing about the case beforehand.
- Interim Orders – A judge may issue this type of order of protection once the abuser has been served or several attempts have been made to serve them with notice. These orders may last up to 30 days, or longer by agreement.
- Plenary Orders – These orders require that the person accused of domestic violence be served with a notice by the sheriff’s department of the accuser’s petition and a hearing date. These orders, when granted, last up to two years. Plenary orders may also be extended upon notice and a hearing.
The remedies offered by protective orders frequently include the prohibition of further abuse, the granting of exclusive household possession to the individual who was abused, counseling, temporary allocation of parental responsibilities, parenting time restrictions, and bans the removal of a child from the state, among other remedies. If someone violates an order of protection, he or she can be subject to serious criminal and civil penalties.
If you are dealing with legal matters involving domestic violence issues arising from a domestic relationship or divorce, it is wise to consult with a knowledgeable attorney about how to proceed with your case. At Bruckner Hernandez Legal Solutions, LLC, we understand all facets of domestic violence and are dedicated to making sure that your case gets resolved in a safe, positive manner. Contact our St. Charles, Illinois, office today by calling 630-888-0017. We serve clients in Kane and DeKalb Counties including Geneva, St. Charles, Batavia, Campton Hills, Aurora, Elgin, Sycamore and other surrounding communities.
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Rachel Hernandez of Bruckner Hernandez Legal Solutions, LLC attended law school with a goal of working on behalf of children and families in crisis and is a qualified Guardian Ad Litem (GAL) in Kane County. A Guardian Ad Litem is an attorney, appointed by the court to assist the court with issues regarding disputes involving children. (read more)
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