Domestic Violence and Orders of Protection
The issue of domestic violence is taken much more seriously today than it was just 20 years ago. Tough laws like the Violence Against Women Act (VAWA) have been passed. Enforcement has become much more consistent. Civil and criminal penalties have grown more severe.
However, the trend toward protecting victims at any cost has created an unintended problem: False allegations. Most often seen in contested divorce situations, making a false accusation of domestic violence has become an easy way to gain an unfair advantage.
Since 1981, attorneys at the central Illinois firm of Benckendorf & Benckendorf, P.C., have been providing strong, effective legal advocacy for individuals on both sides of domestic violence issues. To learn more about your rights or options on either side, call or contact any of our office locations directly to schedule an appointment.
In conjunction with a domestic violence complaint, an immediate petition for an order of protection is often filed as well.
A hearing to determine whether the protective order should be made permanent (typically lasting for two years) is also set, which may be anywhere from two days to three weeks later. At this hearing, the accused will have an opportunity to defend himself or herself.
The restrictions an order can impose are severe. For instance, the victim can be given exclusive possession of the home and custody of any minor children. There may also be restrictions on what property an accused can take, on where they can go, and on other important aspects of daily life. Protective orders may also include orders for temporary child support or spousal support when circumstances warrant.
Our firm offers clients a high degree of personally attentive service and experienced legal representation for all types of domestic violence issues. Talk to one of our lawyers about your situation and concerns today by contacting us online or by calling any of our offices.