Weiss & Villalobos - What is Domestic Violence?
Domestic violence extends far beyond the husband-wife physical abuse that often comes to mind when you hear the term domestic violence. The Illinois Domestic Violence Act of 1986 (IDVA) specifically lays out what counts as domestic violence. While relationships are important to determining whether or not you are entitled to protections under the Illinois Domestic Violence Act, the specific conduct that creates a basis for a domestic violence claim and the procedure of the domestic violence process is complex and whether you are seeking protection from domestic violence or defending yourself against an allegation of domestic violence, you should speak to a domestic violence lawyer.
Chicago lawyers David H. Weiss and Anthony S. Villalobos have handled countless domestic violence cases. In fact, Chicago lawyers David H. Weiss and Anthony S. Villalobos met because they were opposing lawyers in an order of protection case, in a domestic violence allegation. Contact Weiss & Villalobos at 312-847-2000 for a domestic violence consultation.
To better understand the domestic violence process, Weiss & Villalobos have created the below example to walk people through the process. The below example is completely fictional, and only meant as a way of explaining the domestic violence process. In it, fictional husband James Smith is married to fictional Michelle Smith. The two have a child together, twelve year old Charles Smith. Follow the steps below to learn more about the domestic violence process.
An order of protection is what will be entered at the conclusion of a domestic violence allegation. There is a difference between a Civil Domestic Violence allegation and Criminal Domestic Violence allegation. Those differences are explained by lawyer Anthony S. Villalobos in this video.
The video above, by Chicago lawyer Anthony S. Villalobos, explains the differences between a civil and criminal domestic violence cases. The information below explains the steps and repercussions in a civil domestic violence allegation. For what the criminal domestic violence process looks like, learn more by clicking here.
Train Stop One – Alleged Domestic Violence Event
Fictional husband James Smith is a police officer for the Chicago Police Department (CPD). James Smith comes home from work at the same time as his wife Michelle Smith, who is a Chicago Public School (CPS) teacher. The two get into an argument, while their twelve year old son Charles Smith is in the other room.
James Smith and Michelle Smith are screaming at one another in the kitchen. Michelle Smith accuses James Smith of pushing her in the back, which she says caused her to fall and get hurt. Their minor son Charles Smith could hear his parents arguing in the kitchen, but did not see his dad allegedly push his mom or his mom's fall.
Train Stop Two – Filing an Emergency Order of Protection
Michelle Smith can completely let the kitchen incident go, call the police, or file for her own civil order of protection.
If Michelle Smith calls the police, they should come right away and James Smith should immediately be removed from the house and arrested. That will start a criminal case against James Smith. In an allegation of domestic violence where there is an arrest, James Smith will be called the Defendant in all court terms and paperwork. Michelle Smith will be called the Complaining Witness (CW) in a criminal case against Defendant James Smith.
Michelle Smith is afraid that the Chicago Police Department will just sweep her domestic violence allegation under the rug - that is a reasonable belief that anyone can have, especially in light of the real world recent arrest of Chicago Police Officer Joseph Vecchio for an allegation of domestic violence, where it was alleged this was not that real Chicago Police Officer's first domestic violence allegation.
For her distrust of the Chicago Police in handling a domestic violence allegation against one of their own officers, fictional Michelle Smith decides she will file her own civil order of protection. When a court case for domestic violence is only civil in nature, Michelle Smith is called the Petitioner in all court terms and paperwork; James Smith is called the Respondent in all court terms and paperwork.
How do you file your own Emergency Order of Protection? That is easy. First, let us get the terms correct. When someone files a civil order of protection, it is called a Petition for Order of Protection. A Petition for Order of Protection form in Cook County, Illinois can be found here.
A Petition for Order of Protection is asking a judge to protect you from another person. A petition is literally asking the judge for something. That thing you are asking for is to be protected from another person.
Before a judge can grant Petitioner Michelle Smith an order of protection against Respondent James Smith, Respondent James Smith either has to agree to an order of protection being entered against him or there must be a hearing before a judge to determine whether or not an order of protection should be entered against Respondent James Smith.
Train Stop Three – Emergency Order of Protection Hearing
Train Stop Four – Emergency Order of Protection Service
Train Stop Five – Order of Protection Status Date
Train Stop Six – Order of Protection Discovery
Train Stop Seven – Order of Protection Hearing
Train Stop Eight – Order of Protection Consequences
Train Stop Nine – Modifying or Terminating an Order of Protection
Alternate Train Track - Negotiated Plea
You can contact Wiess & Villalobos to discuss your order of protection matter by clicking here.
