Domestic violence is a problem throughout the United States, including Illinois. Studies show that domestic abuse results in more injuries that require medical attention than rape, accidents, and muggings put together. Anyone who hits, kicks, chokes, harasses, threatens, or interferes with the personal liberty of a family or household member has committed a crime. Amendments to the Illinois Domestic Violence Act of 1986 have mandated that law enforcement act to protect victims of domestic violence. This assistance can come in the form of an order of protection, which is often referred to as a restraining order. It is important to understand the difference between these legal documents in order to avoid criminal charges for violating one in Illinois, even if it was issued under false pretenses.
Illinois Restraining Order
Under Illinois law, a restraining order is a broad term that describes orders that are issued by a civil court to enforce someone to do or not do something. These types of orders sometimes occur more frequently in divorce cases rather than abuse cases. An example might be to prevent a spouse from canceling a health or life insurance policy during divorce proceedings. Also called financial restraining orders, they can freeze much of the marital assets to prevent a spouse from withdrawing funds before the divorce settlement is finalized.
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