Geneva, IL Domestic Violence and Orders of Protection Attorneys

Experienced Lawyers Helping Families Address Legal Issues Related to Domestic Violence in Geneva, Illinois

Domestic violence is a serious crime, and the attorneys at Serrano Hanson & Hurtado, LLC take it seriously when helping clients pursue legal action against an abuser. We know that the cycle of domestic violence can be hard to break, and we offer a source of support for our clients as they seek help in this very challenging situation.

At Serrano Hanson & Hurtado, LLC, we believe that it is our job to be more than just your lawyer—we will support you and advocate for you when you need it. We are experienced in family law matters that may involve emotional situations like domestic violence, and we will provide the legal guidance you need.

Domestic Violence: Myths vs. Reality

Domestic violence calls to mind certain images, but Illinois domestic violence laws are comprehensive, broad, and inclusive. Illinois domestic violence laws apply to more than just husbands and wives. Other parties protected under these statutes include:

• Any family member who is a blood relation
• Married people, as well as those who were formerly married
• People who live together or used to live together
• Parents who have or are alleged to have a child together
• People who are dating
• People who are currently engaged or used to be engaged
• Same-sex couples
• Disabled individuals and those who assist them

Furthermore, domestic violence is not always physical. Even if someone does not physically harm the other person, if they interfere with their personal liberty or threaten them, the aggressor can be charged with domestic violence.

Orders of Protection

Victims of domestic violence may seek an order of protection after their attacker has been arrested and/or charged with a crime. They can also take steps to obtain an order of protection in other situations, as long as they can demonstrate to the court that they or their loved ones are at risk of harm due to domestic violence or abuse. An order of protection is a legally binding order that restricts the actions of the abuser. Orders of protection can be very specific or broad, depending on what is requested and what the court determines is appropriate. Some common issues that may be included in an order of protection are:

• Restricting the abuser from the residence.
• Requiring the abuser to stay away from the victim and others.
• Restricting the abuser from coming to the victim's place of work or school.
• Addressing issues of custody and visitation.
• Requiring an abuser to attend counseling.

When you discuss your specific situation with an attorney at Serrano Hanson & Hurtado, LLC, we will help you understand all of the available options and choose those which will help to keep you and your loved ones safe.

There are different orders of protection meant to protect victims at different stages of legal proceedings. They are as follows:

• Emergency Order of Protection: This is an urgent order meant to provide the victim (petitioner) with immediate relief from abuse. A judge will grant this order if it is determined that the abuser (respondent) poses a threat to the petitioner's well-being. This order will typically last for two to three weeks.
• Interim Order of Protection: This is a temporary measure that may be used if additional time is needed until a hearing can be held. This type of order usually lasts no longer than 30 days.
• Plenary Order of Protection: A long-term order of protection can be enacted after a final hearing involving the petitioner and the respondent. The respondent can contest a Plenary Order of Protection in the hearing, but if he or she does not attend, the judge will most likely rule in favor of the petitioner. A plenary order may remain in effect for up to two years.

Contact Our Trusted Geneva Domestic Violence Lawyers

If you or someone you care about is in need of a domestic violence attorney or would like to file for an order of protection, contact us at 630-844-8781. The lawyers at Serrano Hanson & Hurtado, LLC provide representation to clients throughout DeKalb, Kane, Kendall, and DuPage Counties, including South Elgin, St. Charles, Batavia, and Campton Hills.