With Your Best Interest In Mind
Strong Sensible Direction

Friday, May 9, 2008

Restraining Orders

DuPage County Domestic Violence Lawyer

The Law Office of Emily J. Kelly in Wheaton, Illinois

If you have been the victim of an assault or threats of violence, the Law Office of Emily J. Kelly can help you obtain restraining orders or protection orders for the safety of you and your children. I understand that you are scared and hurt, and need legal help fast.

My Wheaton, Illinois, law practice serves clients throughout DuPage County and Kane County. Contact me today at (630) 221-0100 for swift legal intervention in your domestic violence situation. I am a former prosecutor with 18 years of legal experience.

Restraining Orders - Temporary Order of Protection

If a spouse, partner, ex-spouse, or boyfriend has committed domestic battery, or harassed or threatened you, I will help you seek a domestic violence restraining order. The temporary restraining order (TRO) is meant to stop violence from escalating or to prevent an assault. If you are living with the abuser, it gives police authority to remove the person from your home for a period of time.

In granting the restraining order, the judge may order that the offender have no contact with the victim or children, and may bar both parties from emptying the bank accounts. A temporary restraining order usually lasts until a hearing can be held.

Two Year Orders For Protection

At a hearing, a judge will determine if continuing the restraining order is warranted. A Two Year Order for Protection ("protection order") is not as easily obtained as a temporary order of protection. The court requires proof of domestic assault and battery, documented threats of violence, harassment, stalking, or a violation of the restraining order.

Protection orders are concerned with harassment, physical violence, emotional abuse, or threats of violence. They can be granted for several months or up to two years. Violating an order for protection is a serious misdemeanor. Contact me today for compassionate support and decisive action when you need it most.

False Accusations of Domestic Violence

As a divorce attorney, I counsel my clients not to put themselves in a position in which the other spouse or partner can claim domestic violence. Restraining orders and protection orders are sometimes fabricated or exaggerated to gain leverage in custody proceedings. If your spouse or partner has accused you of violating a restraining order or order for protection, I can protect your rights and help you disprove the allegations.

Call the Law Office of Emily J. Kelly at (630) 221-0100 to schedule a free, 30-minute consultation, whether you are seeking or challenging a domestic violence restraining order. I accept Visa and MasterCard.