Arlington Heights, IL 60005
Recent Blog Posts
For Many Victims of Domestic Violence, an Emergency Order of Protection is the First Step in Getting Help
If you are one of the millions of men and women who are victims of domestic violence, you may be lost, scared, and unsure of how to handle the situation. Firstly, you should know that you are not alone. Data shows that about one out of every three women and one out of every four men are abused by an intimate partner at some point in their lives. Domestic abuse can include physical, psychological, and sexual violence as well as threats and intimidating behavior. In the majority of domestic violence cases, the first thing a victim can do to protect themselves is to request an emergency order of protection.
Who Qualifies for an Emergency Order of Protection?
If you or your child have been abused by a family member or significant other, you qualify for an emergency order of protection (EOP)—sometimes referred to in casual conversation as a restraining order. Individuals who are concerned for the safety of a disabled adult may also file a petition for an order of protection on the disabled person’s behalf. You do not have to be physically injured by the alleged abuser in order to qualify for an EOP.
Chicago Domestic Violence Victim Murdered By Abuser
A 31-year-old Chicago resident is dead after being shot in the head by an ex-boyfriend. This gruesome murder did not come out of the blue. The woman had allegedly made 10 reports about her former partner’s aggressive and threatening behavior before she was killed. This tragic event has led to many questioning the Chicago Police Department’s ability to protect victims of domestic violence from future abuse.
Victim Sought First Order of Protection in 2013
According to reports, after the now-deceased woman and her boyfriend broke up, he started demonstrating the violent and intimidating behavior. When the victim became afraid for her safety, she sought an emergency protective order (EPO) in 2013. EPOs are available to any individual who feels their safety is in jeopardy and can be obtained at a county courthouse. Someone seeking an EPO, called the petitioner, does not need to have physical evidence of the abuse. The alleged abuser, called the respondent, does not need to be present in order for an EPO to be granted. This temporary measure lasts 14 to 21 days.
Domestic Violence in Same-Sex Relationships
Domestic violence is a rather broad legal term that includes a variety of abusive behavior, including but not limited to assault, battery, stalking, intimidation, or sexual coercion. Such actions are considered to be domestic violence when they are committed by a person against a romantic partner, family members, or members of the same household. While male-against-female violence is the most commonly discussed type of domestic abuse, the reality is that both men and women can be victims, and both men and women can commit acts of domestic violence.
Federal estimates indicate that nearly 20 individuals are physically abused by a romantic partner in the United States every minute. Over the course of a year, this translates to more than 10 million instances of victimization. It is estimated that one in three women and one in four men have experienced some type of physical violence at the hands of an intimate partner at least once in their lives.
Report: Domestic Violence Incident Led to Closure of Acclaimed Chicago Restaurant
It is unfortunately easy for many people to attempt to sweep allegations—or even proven incidents—of domestic violence under the proverbial rug. Even in today’s world of increased awareness and sensitivity to issues of abuse, domestic violence is still largely seen as a relationship issue. A recent magazine report, however, shows that domestic violence in a relationship can have an effect on countless others, including the public at large.
A Curious Closure
Last June, 42 Grams, an acclaimed eatery in Uptown Chicago closed suddenly with little more than an announcement on Twitter. A few days later, the restaurant’s Twitter account was deleted. Restaurants come and go all the time, especially in a city like Chicago, but this was different. Within its first few months of operation, 42 Grams had received two Michelin stars—one of the highest honors in the food and beverage industry. At the time, the owners—the head chef and his ex-wife general manager—did not give a reason for the sudden closure. Just under a year later, much more information has come to light.
A Dangerous Loophole in Cell Phone Laws: Onboard Infotainment Systems
By now, most drivers are aware that using a cell phone while driving is a dangerous proposition. Public awareness campaigns around the country have been urging drivers for years to put their phones down when behind the wheel for the sake of the safety. In addition to being unsafe, using a hand-held cell phone while driving is also illegal in many jurisdictions, including Illinois. If you are caught using a hand-held electronic device for talking or texting, you can be cited and fined up to $75 for a first offense.
Understanding the Law
That statute that governs the use of cell phones while driving in Illinois actually applies to a wide range of “electronic communication devices,” including personal digital assistants (PDAs), electronic tablets—such as iPads—laptop computers, and of course, “hand-held wireless telephones.” The law expressly states that the limitation on the use of electronic devices while driving does not apply to GPS devices, navigation systems, or any “device that is physically or electronically integrated into the motor vehicle.” Unfortunately, systems that fall into the last category have become increasingly popular in recent years, and the dangers are only growing.
The Dos and Don’ts of Getting Pulled Over by Police, Part Two: Additional Considerations
In a previous post on this bog, we discussed some of the ways you can make your experience with the police go smoother and more efficiently when you are pulled over for a traffic violation. Nearly every person who drives a motor vehicle will get pulled over by police at some point. For some, it will be caused by something as minor as a broken taillight, while others will have more dramatic encounters with police. If you are ever pulled over by police, take the following steps to ensure that you do not make the situation more dangerous or difficult than necessary.
Do Not Exit the Car Without Being Told to Do So
Tension between police and citizens have never been higher than in recent years. Prominent cases of alleged police brutality receive copious media attention. For example, many have attributed the 2014 death of Eric Garner to the New York City Police Department. Michael Brown’s death in Ferguson, Missouri led to the public looting of businesses, vandalism of vehicles, arson, first responders being shot at, and violent conflicts between protestors and police.
The Dos and Don’ts of Getting Pulled Over by Police, Part One: The Basics
Getting pulled over by police is never a fun thing to go through. One minute you are driving down the road and the next moment you see flashing lights in your rearview mirror. Police can pull a motorist over for a number of reasons including for traffic violations such as speeding, running a red light, or suspicion of drunk driving. If you are pulled over by a police officer, it is important that you take certain steps to ensure your interaction with the officer goes as smoothly as possible.
Do Get Organized Before You Are Pulled Over
It is always a good idea to have your vehicle’s registration, your driver’s license, and proof of insurance in an easily accessible place. If you know where these items are before you are pulled over, it can make the process much faster and easier.
Do Pull Over as Soon as It Is Safe and Cooperate
If you see flashing lights or hear a siren, you should immediately pull over to the right. If the police car drives past you, you can assume the officer is pursuing someone else. If he or she continues to drive behind you, you are probably being pulled over. When there is a chance to do so safely, pull over onto the shoulder of the road. Keep your hands on the steering wheel and roll down the window when asked. The officer will ask for your license and registration. Get those items and hand them to the officer when asked.
Frequently Asked Questions About Orders of Protection in Illinois
Did you know that as many as one in three women and one in four men, on average, will suffer abuse perpetrated by a spouse or domestic partner at least once during their lives? These numbers do not even account for violence or abuse committed by parents, children, siblings, or other family members. Domestic violence is a serious problem for countless families throughout Illinois, and addressing such violence often begins with seeking an order of protection.
Many domestic abuse victims have similar questions about protective orders, including:
Q. What is an order of protection?
A. An order of protection is a court-issued directive that can be issued to protect victims or potential victims of domestic violence from their abuser.
Q. Who can request an order of protection?
A. Because orders of protection are used to address domestic violence concerns, only those with certain types of relationships with the alleged abuser can seek protective orders. This includes current and former romantic partners, individuals who live(d) with the alleged abuser, relatives and children, and anyone with disabilities who receives care from the alleged abuser. Neighbors, friends, acquaintances, and strangers do not have the standing to request an order of protection.
When You Are the Subject of an Order of Protection
There is absolutely no question that domestic abuse and intimate partner violence are real problems in thousands of American households, including many right here in Northern Illinois. While many people are forced to suffer the effects of such abuse, sometimes allegations are exaggerated or even completely fabricated. Domestic violence, however, is such a sensitive and dangerous issue that claims of innocence by an alleged abuser are taken much less seriously than the allegations themselves. It is not unheard of for an order of protection to be issued based on false pretenses or misunderstandings, leaving the accused in very unfair position.
Comply With the Order
Under Illinois law, an emergency order of protection can be granted based on the testimony and evidence presented by a single party. The alleged abuser is not required to appear or provide his or her side of the story. When a victim is actually in danger, this process allows the person to obtain protection from an imminent threat quickly. When the allegations are overblown or totally made up, on the other hand, the process puts the accused at a serious disadvantage.
What Happens if an Abuser Violates an Order of Protection?
Family law disputes such as a custody battle, parental rights dispute, divorce, or separation can be emotionally taxing for everyone involved. Sometimes a spouse with a history of abuse or a hot temper can become dangerously hostile when he or she is facing [BW1] possible family changes. Domestic violence affects about 10 million men and women each year. In fact, studies show that approximately one third of all women and one quarter of all men will be victims of intimate partner violence at least once in their lives. It may be helpful to know that there are several legal options for those who wish to protect themselves or their children from an abusive spouse or other family member.
Orders of protection are legal tools which can help protect a person from the threat of imminent harm by an intimate partner. An emergency order of protection (EPO) can be easily acquired and is often the first step for a victim of domestic violence in seeking help. An EPO can be obtained without the permission or even notification of the alleged abuser. An emergency order is only meant to be temporary and can last up to 21 days.