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How an Order of Protection May Be Abused
Under an Illinois law, an order of protection may be issued by the court as a way to address concerns of domestic violence and domestic abuse. Orders of protection are also commonly sought by individuals going through divorce, as a way to legally separate themselves from their soon-to-be ex-spouse while the proceedings are still emotionally difficult and tensions are high.
Domestic Relationships
Illinois law provides that you can request an order of protection against a family or household member. An order of protection can also be filed against a person with whom you may have shared an intimate relationship, even if that relationship was in the past and/or was never legally recognized either by marriage or domestic partnership. An order of protection can also be filed against a blood family member or a family member related by marriage.
The Three Types of Orders of Protection in Illinois
The state of Illinois takes the safety of its citizens seriously. The Illinois Domestic Violence Act allows a person who been abused or is in danger of being abused by a family member or romantic partner to request an order of protection against the abuser. There are several steps in the process of obtaining such an order and three different types of orders. If you have been the victim of domestic abuse, it is important to understand your options.
Emergency Order of Protection
The first type of protective order is called an emergency order of protection, or EOP. An EOP can be issued by a circuit court judge in the county in which the alleged abuser or victim lives or the county in which the abuse took place. The victim must petition the court for an emergency order of protection and provide testimony regarding the abuse. If the court determines that there is a credible threat to the safety of the victim, it may issue an emergency order of protection with prior notification to the alleged abuser. The court will also set a date for a hearing regarding a more permanent solution. The emergency order can remain in effect until that hearing or for up to a maximum of 21 days.
Texas Authorities Say Mysterious Doorbell Ringer Was a Domestic Violence Victim
Over the last few days, social media outlets have been flooded with reposts of a video taken by a home security system in a Texas neighborhood. In the video, a partially-dressed woman can be seen with what appear to be broken restraints hanging from her arms as she rang the doorbell of a Texas home in the middle of the night. Now, authorities say the woman has been found safe and that she was a victim of domestic violence.
“It Was Very Odd”
Jennie Drude posted the original video last weekend. The mysterious woman was ringing doorbells in Drude’s neighborhood in the dead of night. Drude and a friend first sought advice from neighbors on a community Facebook page before posting the video in the hopes that the woman could be identified. “It was very odd to have a neighbor that would do something like this,” Drude said.
On Wednesday, a break in the case came, but it was not all good news. Just down the street from Drude, police responded to a call about a man threatening to kill himself. By the time the police arrived, the 49-year-old was dead of an apparent self-inflicted gunshot. The man’s suicide note referenced his 32-year-old girlfriend, who was not present at the scene, according to police.
Ohio State Domestic Violence Scandal Tells the Same Old Story With New Characters
One of the most recognizable names in college athletics is currently on administrative leave as the university for which he works conducts a full investigation into allegations that he covered up known instances of domestic violence perpetrated by a member of his staff. To be clear, Ohio State head football coach Urban Meyer has not been charged with any crimes, but he has come under fire for his handling of the alleged behavior of one his long-time assistant coaches.
A Quick and Dirty Background
In 2009, Meyer was coaching at the University of Florida when one of his graduate assistants was arrested for domestic violence. The assistant allegedly shoved his pregnant wife against a wall. According to Meyer, his own wife got involved to help the young couple through counseling. In 2012, Meyer was hired by Ohio State University, and he brought the younger assistant with him despite knowing about the domestic violence concerns.
Domestic Violence Hurts Men Too
Have you ever seen a movie or a television show that depicted the serious struggle of a man trying to get out of an abusive relationship? There is a good chance you never have because such storylines are not very popular in modern entertainment. You probably have, however, seen shows or films in which a woman suffers abuse at the hands of her husband or boyfriend.
While today’s social landscape makes it somewhat easier than before to discuss domestic violence committed against men, the idea is still largely used for comedic effect in movies and on TV. According to Anne P. Mitchell, a retired family law professor, woman-against-man violence is often a “punchline of a larger, depressing narrative.” Male-against-female violence is almost universally condemned by cultural morality, but the same is not always true in the opposite direction.
Telling Numbers
A few years ago, the Centers for Disease Control and Prevention (CDC) analyzed responses provided by over 18,000 adult Americans. The CDC’s survey found that just under 4.8 million women had experienced intimate partner violence in the last 12 months. In the same period, however, the CDC estimated that 5.2 million had experienced such violence as well. Obviously, violence against women is certainly a problem, but so is violence against men, and both must be addressed by a healthy society.
What to Do When You Are Pulled Over for a Traffic Violation
Almost everyone knows the fear that begins to take over when you are driving along and you see a police car. Even if the car is going the other way, you begin to ask yourself dozens of questions. Was I speeding? Did I change lanes without signaling? My registration isn’t due yet, is it? Could I even find my insurance card right now? Most of the time, the officer in his or her car is paying little or no attention to you, but when you see the flashing lights of a police car directly behind you, things can change quickly.
While you may have your suspicions about why you are being pulled over, make sure that you:
- Pull over as soon as you can. Acknowledge the officer’s presence by putting on your turn signal right away and by decreasing your speed. Obviously, do not slam on your brakes. A turn signal and decreased speed shows the officer that you intend to stop when and where it is safe to do so;
Driving with a Suspended License Can Land You in Serious Trouble
Imagine this scenario: You have had your driver’s license suspended. Perhaps a series of unpaid parking tickets or citations for moving violations such as speeding led to the suspension. Whatever the reason for the suspension, you now have no way of getting back and forth to work. One day, you miss the bus and decide that you will drive your car even though you do not have a valid driver’s license anymore. On the way to work, you are pulled over for a broken taillight and the police officer finds out that you have driven on a suspended license. You may be facing steep fines and even jail time. Now what?
Reasons Your License Could Be Suspended
Driver’s license suspensions in Illinois can be the result of:
- Accumulating three or more moving violations in a year;
- Failing to appear in court;
- Driving under the influence of alcohol or drugs (DUI);
When Can a Driver Be Charged with Reckless Driving?
Most drivers have been guilty of bending the rules of the road at least a time or two. Perhaps they were running late for an important meeting, so they drove a few miles above the speed limit or only came to a rolling stop at a stop sign. Usually, minor traffic violations do not result in significant negative consequences for the driver and only bring a ticket and moderate fine. However, there are some traffic violations which can be quite serious and could even result in a felony charge or jail time. Reckless driving is one of these violations.
How is Reckless Driving Defined in Illinois?
When one hears the term “reckless driving,” they may think of the type of outrageous stunts performed on movies like The Fast and The Furious. In reality, reckless driving can include any driving action which endangers the lives of other drivers or pedestrians. The Illinois criminal code defines reckless as when a motorist drives “any vehicle with a willful or wanton disregard for the safety of persons or property; or knowingly drives a vehicle and uses an incline in a roadway…to cause the vehicle to become airborne.” The second half of the definition does not contain much ambiguity. If a person tries to use a ramp or other means to make their car lose contact with the ground, he or she could be charged with reckless driving. The first half of the definition is more subjective.
Getting an Order of Protection Dropped in Illinois
Most people are aware that orders of protection are tools available in Illinois to help prevent instances of domestic violence. When a judge issues an order of protection, the order limits the behavior of the alleged abuser and may restrict him or her from contacting the alleged victim or the victim’s children, among other restrictions. What happens, though, if you obtained an order of protection but no longer believe that you are in danger of abuse? Can you have the order dropped?
The answer is complicated, as it will depend entirely on the circumstances of your case. You can petition the court to vacate the order, but the court is not obligated to do so.
The Process
Generally, to have an order of protection dropped, you will need to go back to the county court where you filed the petition for the original order. The court clerk will have paperwork for you to complete, and you may be asked to speak with the judge or another officer of the court before the order is vacated. The purpose of the discussion is so that the court can be certain you are dropping the order voluntarily. Orders of protection usually involve abusive individuals, and judges realize that it is not out of the question for an abuser to force or manipulate a victim into dropping a protective order.
Safeguarding Your Rights When an Order of Protection Is Filed Against You
A quick scan of local or national headlines will show that the issue of domestic violence continues to plague our communities and our nation. Each year, millions of Americans are subjected to violent and abusive behavior perpetrated by romantic partners and other family or household members. As you may know, if you have been abused or you believe that you are in danger of being abused, Illinois law gives you the ability to seek an order of protection against your alleged abuser. But, what if you are the alleged abuser? More importantly, what if you have not done anything wrong but an order of protection was still issued against you?
Understanding the Order of Protection Process
It is important to know how an order of protection is issued. There are three types of protective orders in Illinois: plenary, interim, and emergency orders of protection. A large number of cases begin with an emergency order of protection, or EOP. To obtain an EOP, an individual must file an affidavit with the county court detailing the alleged abuse or the threat of abuse. If the court finds that the allegations are credible, an emergency order may be issued, regardless of whether the alleged abuser was notified in advance of the filing.
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