Tag Archive for: Order of Protection

Divorce and Sexual Assault

April is Sexual Assault Awareness Month, shedding light on a sensitive topic often surrounded by silence and stigma. Within the broader context of family law, divorce can intersect with issues of family violence and sexual assault, requiring delicate legal handling. 

Nationwide, 81% of women and 43% of men reported experiencing some form of sexual harassment and assault in their lifetime. The effects of sexual assault and harassment can cause physical harm and emotional wounds that are endured for years.

In such instances, seeking assistance from a family law attorney can prove crucial for navigating the complexities of divorce and obtaining necessary protection orders. In today’s blog, we will explore the significance of legal support in these situations and how it can empower individuals to protect themselves and their families. Here’s what you need to know.

THE ROLE OF SEXUAL ASSAULT AWARENESS MONTH

Sexual Assault Awareness Month serves the critical purposes of shedding light on the severity of domestic violence, debunking myths, and dispelling stereotypes. Through education about the signs and impacts of abuse, individuals gain the tools to recognize and address it effectively. This month reinforces the message that survivors have support and resources.

Moreover, Sexual Assault Awareness Month underscores the importance of prevention through community engagement and educational initiatives. It encourages discussions about healthy relationships, consent, and bystander intervention. Let’s learn more about domestic violence and how it can be prevented.

WHAT IS DOMESTIC VIOLENCE?

Domestic violence/domestic abuse is typically manifested as a pattern of abusive behavior toward an intimate partner in a dating or family relationship, where the abuser exerts power and control over the victim. Domestic abuse can be mental, physical, economic or sexual in nature.

Regrettably, domestic violence transcends boundaries and can affect individuals of any gender, race, or socioeconomic status. Its wide-ranging repercussions impact not only the immediate victims but also the children who witness such abuse.

The Illinois Domestic Violence Act (IDVA) identifies several forms of abuse, including:

  1. Physical abuse (including sexual abuse)
  2. Harassment
  3. Intimidation of a dependent
  4. Interference with personal liberty
  5. Willful deprivation
  6. Exploitation
  7. Stalking

The warning signs of abuse may not manifest immediately and can evolve as the relationship progresses. However, it’s important to recognize that each relationship is unique, and domestic violence can manifest in various forms. One common trait among abusive relationships is the abuser’s attempt to establish power and control through various methods at different stages. Fortunately, there are strategies available to help protect you from this abuse.

ORDERS OF PROTECTION: A VITAL LIFELINE

Divorce proceedings can intensify tensions within a relationship, potentially worsening existing instances of family violence or leading to new forms of abuse. Additionally, survivors may disclose incidents of sexual assault during this tumultuous period. It’s crucial to recognize that survivors of sexual assault may face heightened vulnerability during divorce proceedings, often encountering threats, coercion, or manipulation from their abuser.

Fortunately, Orders of Protection (restraining orders) serve as a legal mechanism to shield survivors of family violence and sexual assault from further harm. These court orders can establish boundaries, prohibit contact, and provide security for individuals and their children. Survivors need to know that they do not have to face this process alone. Getting an order of protection requires a comprehensive understanding of legal procedures, evidence requirements, and advocacy skills.

A family law attorney can help provide legal resources and support services to assist in navigating an order of protection. By seeking the assistance of a compassionate and dedicated legal team, survivors can take crucial steps towards reclaiming their autonomy and finding security and peace of mind.

IF CHILDREN ARE INVOLVED

Unlike allegations of domestic violence, accusations of sexual abuse, particularly child molestation, are typically not made lightly. Such accusations are infrequent and receive intense scrutiny. The courts typically respond by appointing a Guardian ad Litem to investigate, with an expectation that the accusing parent has made every effort to investigate, document, and halt the sexual misconduct as soon as suspicion arose.

If accusations of sexual abuse, especially concerning children, arise within your marriage, immediate arrangements for a medical examination of the victim or alleged victim, even if that victim is yourself, are imperative. Subsequently, contacting an attorney should be a priority. Taking swift action can be pivotal in establishing the truth in court.

THE ROLE OF A FAMILY LAW ATTORNEY

In the face of such challenges, the guidance of a knowledgeable family law attorney can be valuable. Family law attorneys have experience in navigating the complexities of divorce cases involving family violence and sexual assault. At Masters Law Group, we aim to protect you and your children’s best interests. Here are some of the areas that we can help you navigate: 

  • Parenting Time: If you have children, work closely with your attorney to determine the best parenting time plan. This helps to ensure that the agreed-upon arrangements prioritize your children’s well-being and best interests.
  • Mediation: Explore options such as mediation or collaborative divorce to help you and your ex-spouse reach mutually beneficial agreements outside of court. Your family law attorney can help guide you through these processes and represent your best interests during negotiations.
  • Post-divorce disputes: After the divorce is finalized, circumstances may require modifications to allocating parental responsibilities, visitation, or support arrangements. Stay in touch with your attorney to address any changes or issues that may arise in the future.
  • Orders of Protection: In cases where an order of protection is granted, attorneys monitor compliance and take swift action against any violations. This proactive approach reinforces the efficacy of legal measures and prioritizes the safety of survivors and their families.

In addition to representing clients, Senior Partner Erin E. Masters is also a court-appointed Child Representative and has experience advocating for children in these high-conflict matters.  Furthermore, Senior Partner Anthony G. Joseph is also on the list of approved Guardian Ad Litem/Child Representatives for the Domestic Relations Division of the Circuit Court of Cook County.

Remember, during this challenging period, Masters Law Group is here to support you and your legal rights. Working with our trusted attorneys can help alleviate the stress associated with domestic disputes, helping ensure a smoother transition for both you and your children.

COMMUNITY RESOURCES

In Chicago, there is a wide range of community resources available to support survivors of sexual assault. The Domestic Violence Legal Clinic provides legal assistance and advocacy services, helping ensure survivors can access legal remedies. The Chicago Metropolitan Battered Women’s Network serves as a comprehensive resource hub, connecting survivors to various shelters, counseling, and legal aid services throughout the city.

Hospitals like the YWCA Metropolitan Chicago also provide comprehensive medical care and forensic exams for survivors seeking immediate assistance. These community resources play a vital role in supporting survivors to help them heal and seek justice in the aftermath of sexual assault.

LAST THOUGHTS

As we observe Sexual Assault Awareness Month, it’s crucial to recognize the intersection of divorce, family violence, and sexual abuse. Shedding light on these issues can empower survivors to take proactive steps toward safety and justice. 

At Masters Law Group, our skilled family law attorneys are here to help navigate the complexities of divorce while prioritizing the well-being of survivors and their families. Let us strive to create a society where survivors are heard, supported, and empowered,

Contact us here today.

Domestic Violence Awareness Month With Masters Law Group

October is Domestic Violence Awareness Month. It’s a time when communities throughout the U.S. come together to shed light on domestic violence and stand by survivors. 

Almost 20 people in the United States experience physical abuse from an intimate partner every minute. This adds up to over 10 million women and men in a single year. Domestic violence is a widespread problem that touches people from all backgrounds. Its effects cause physical harm and emotional wounds that are endured for years.

In this blog, we’ll dive into the significance of Domestic Violence and how a family attorney can help bring positive change to the lives of survivors and their loved ones. Here’s what you need to know.

The Role of Domestic Violence Awareness Month

Domestic Violence Awareness Month serves a multitude of crucial purposes. It plays a vital role in increasing awareness about the gravity of domestic violence, effectively dispelling myths and stereotypes. By understanding the indicators and effects of abuse, individuals become better equipped to recognize and confront it. This month reinforces the message that survivors are not alone and that help is readily accessible.

Furthermore, Domestic Violence Awareness Month emphasizes the importance of prevention through educational efforts and community involvement. It fosters conversations about healthy relationships, consent, and bystander intervention. Let’s look at different types of abuse and how to identify it.

Understanding Domestic Violence

Domestic violence is a pattern of abusive behavior in a relationship, typically characterized by one partner using power and control over the other. Unfortunately, domestic violence knows no boundaries and can affect people of all genders, races, and socioeconomic backgrounds. Its far-reaching consequences impact the immediate victims and children who witness such abuse. 

Domestic violence can manifest in various forms. Understanding how abuse occurs and intersects can help you safely respond to situations. Below are some ways to identify the different types of abuse.

  • Physical abuse: This form is one of the most easily identified types. It involves physical violence, or threats of it, to maintain power over an individual. Because of this, survivors are afraid and uncertain when more abuse will occur. Physical abuse often reinforces the regular use of other, more subtle types.
  • Emotional abuse: Has non-physical behaviors that are meant to control, isolate, or frighten someone. These behaviors are often more subtle and hard to identify but are just as serious as other types of abuse.
  • Sexual Abuse: Sexual abuse is when a partner controls the physical and sexual intimacy in a relationship. This often involves acting in a way that is non-consensual and forced.
  • Financial Abuse: Financial or economic abuse occurs when an abusive partner extends their power and control into your financial situation.
  • Digital Abuse: Digital abuse uses technology and the Internet to bully, harass, stalk, intimidate, or control a partner. This behavior is often a form of verbal or emotional abuse conducted online. 

The Role of Family Attorneys

Family attorneys are crucial in addressing domestic violence cases and helping survivors rebuild their lives. Family attorneys are well-versed in family law and can guide survivors seeking protection orders, custody arrangements, and divorce proceedings. They help ensure that legal measures are in place to protect survivors and any children involved. These plans include finding safe housing, accessing resources, and establishing communication protocols with law enforcement. Here are some of the following resources they can use to help:

Child Custody and Visitation: Family attorneys advocate for the child’s best interests in cases involving children. They work to secure custody arrangements that protect the child from further harm and facilitate healing.

Restraining Orders: Family attorneys can help survivors obtain orders of protection, which legally prohibit the abuser from contacting or approaching the survivor. These orders provide a crucial layer of protection.

Advocacy in Court: Family attorneys are the voice of survivors in legal proceedings. They present evidence, argue, and advocate for their clients’ rights and safety, ensuring the survivor’s perspective is heard and respected.

Attorneys often have networks of professionals and organizations in domestic violence support, including counselors, shelters, and support groups. They can connect survivors with these resources to aid in their recovery.

Working With Masters Law Group

When going through a domestic dispute, it is often beneficial to seek assistance from family law professionals who have experience navigating the legal aspects of separation, divorce, and mediation. The experienced family law attorneys at Masters Law Group can advise on the legal aspects of your divorce. We can help you understand your rights, obligations, and options for resolving disputes while providing valuable guidance and support. Our main goal is to ensure that your rights and the best interests of your children are protected. Here are some of the areas that can help you navigate:

Parenting Time: If you have children, work closely with your attorney to determine the best child custody and visitation arrangements. Ensure that the agreed-upon arrangements prioritize your children’s well-being and best interests.

Mediation: Explore options such as mediation or collaborative divorce to help you and your ex-spouse reach mutually beneficial agreements outside of court. Your family law attorney can guide you through these processes and represent your interests during negotiations.

Post-divorce disputes: After the divorce is finalized, there may be circumstances that require modifications to child custody, visitation, or support arrangements. Stay in touch with your attorney to address any changes or issues that may arise in the future.

Remember, during this challenging period, Masters Law Group is here to support you and your legal rights. Working with our trusted attorneys can help alleviate the stress associated with domestic disputes, ensuring a smoother transition for both you and your children.

COMMUNITY RESOURCES

Chicago offers a range of important community resources for those affected by domestic violence. The Domestic Violence Legal Clinic provides legal assistance and advocacy services, ensuring survivors can access legal remedies. Apna Ghar offers culturally sensitive support and shelter to immigrant and refugee survivors. The Chicago Metropolitan Battered Women’s Network serves as a comprehensive resource hub, connecting survivors to various shelters, counseling, and legal aid services throughout the city.

Additionally, the Illinois Domestic Violence Hotline operates 24/7, offering immediate assistance, information, and referrals to those in crisis. These organizations and many others in Chicago are vital in providing support, resources, and community connections for individuals affected by domestic violence.

Final Thoughts

Domestic Violence Awareness Month serves as a reminder that domestic violence is a grave issue that affects countless lives. At Masters Law Group, our attorneys play an essential role in helping survivors break free from abusive situations and rebuild their lives. As we observe Domestic Violence Awareness Month, let us reaffirm our commitment to raising awareness, supporting survivors, and working together to create a world free from domestic violence.

Contact us today to discover how we can guide you toward a brighter, safer future.

Can I Protect my Kids From Emotional Abuse?

Emotional abuse, which is sometimes called psychological abuse, is a pattern of behavior that damages a child’s sense of self worth and negatively impacts their emotional development. Here’s what you can do if you suspect your child is suffering at the hands of a family member.

The holiday season is not the most wonderful time of the year for so many people and families. But for many around the world, it’s a challenging time where family law issues are temporarily swept under the carpet to be dealt with at a later date. Perhaps you have waited to file a divorce or find protective orders until the holidays are over? But when it comes to the wellbeing of your child, you need to take action now. 

Here is everything you need to know about emotional child abuse and how you can take action to protect yourself and your children. 

What is Emotional Abuse?

If you hear a story about abuse of children, specifically when it comes to physical or sexual abuse by parents, it seems inconcievable and anger is most likely your response. You could never imagine what parents could do this to their child, or that this would ever happen in your own home. However, not all signs of abuse are physical. What if parental abuse comes in a different less visible form? What if no one is physically hurt, but there is parental emotional abuse through words and actions? 

The definition of emotional abuse, otherwise known as psychological abuse, is a pattern of behavior that damages a child’s sense of self worth and negatively impacts their emotional development.

Love and support is withheld, and oftentimes the person emotionally abusing the child also may reject, threaten, criticize, demean, and purposefully agitate the child. Abusers may also humiliate the child, participate in name-calling towards the child, and insult the child regularly. Although an emotionally abused child might not end up in the hospital with a broken bone or a concussion, the effects of emotional abuse can be damaging and long-lasting. In 2017, 2.3% of children in the United States experienced psychological or emotional maltreatment according to a report prepared by the Administration on Children, Youth, and Families. However, this estimate is likely low because emotional abuse can be harder to detect than other forms of child abuse and typically takes place in the confines of a child’s home. 

Emotional abuse can be found in conjunction with physical or sexual abuse, and it is also one of the most difficult forms of abuse to recognize. Abuse in all forms is largely due to the need of power and control by the abuser, and emotional abuse is no different. In these abusive environments, the culprit manipulates and controls the child by using words and actions that are emotionally hurtful and damaging.

Identifying Emotional Abuse in Children

Emotional abuse experienced by a child may show certain behaviors that can be telling signs which you should watch out for. This would include:

  • Anxiety
  • Depression
  • Low performance in school
  • Loss of interest in social activities or other interests
  • Avoiding activities involving family bonding
  • Attempts to avoid certain situations (such as going to an activity or another person’s house)
  • Stunted development of emotions
  • Desire to self harm or inflict harm on others
  • Desperately seeking affection and attention from other adults
  • Regression of childhood development (a common example of this is bed wetting after previously mastering bladder and bowel control)
  • Complaining of stomach aches or other bodily symptoms with no known cause

While this behavior does not directly equate to a child experiencing psychological abuse, one or several of these behavioral symptoms can be a sign that there is protection needed for your child. Any signs of this behavior in children could be grounds for requesting an Order of Protection due to harassment or willful deprivation. 

Emotional Abuse Treatment

In the past, emotional and psychological abuse were not readily recognized in the eyes of the law. In today’s times, emotional abuse is often considered a major factor in family law cases and is reviewed closely in child abuse matters. In cases involving certain offenses, an individual should immediately seek out the assistance of an experienced family law attorney in your area, who can assist with reporting emotional abuse or protection for themselves or loved ones.

Priority number one is always to ensure the safety of the child, of course. If your child is being emotionally abused, there are several steps that can be taken to mitigate the risk of the situation at hand prior to legal help. The perpetrator of the abuse may need to go through treatment for their behavior, especially if the abuser is a parent of the child. Treatment can come in several different forms, which could include parenting classes, therapy individually or as a family, and even social services can be involved.

In addition to treatment for the abuser, the child experiencing the abuse will also most likely require medical attention. Those receiving the abuse and the repercussions may also benefit from therapy, either individually or with their family. Once they have the opportunity to process the emotional trauma, they are also aware of healthy coping mechanisms and how to resolve conflict in a healthier way.

If the abuse can’t be treated from these standpoints, and it needs to be escalated to legal assistance, Masters Law Group is here to help you with divorce consultation or an issuance of Order of Protection in the state of Illinois.

Emotional Abuse Protection

If you’re a parent and think your child is being emotionally abused by someone else—such as an ex, a teacher, a pastor, or coach—take steps to intervene.

Encourage the child in your life to contact the Child Helpline if they need some extra support to cope with what has been happening. They may find talking to somebody outside of the situation helpful. You could also try calling the National Parent Helpline in your state to discuss your concerns.

While all forms of abuse can feel like a never-ending hopeless situation, Masters Law Group is here to help you see a light at the end of the tunnel. We provide an array of family law services including Orders of Protection and divorce services for our clients. Our highly experienced family law attorneys offer skillful legal representation that will guide you through to safety for your children and yourself.

Get in touch with us here today to discuss and execute the best plan of action for you and your family.

What to do if You Need Protective Order

An Order of Protection is a court order made in writing which prohibits, by law, further abusive behavior. Victims of domestic violence can use this to take a step toward protecting themselves against their abuser. 

Depending on the jurisdiction, these orders may be called by different terms. They may also be referred to as restraining orders or no contact orders. In any event, an order of protection requires the abuser to stay away from the victim and limits other forms of access. If the order is violated by the abuser, they can face substantial legal consequences. 

How to Obtain an Order of Protection

There are several ways to go about obtaining an order of protection. First, you can either contact the state, the district attorney or inform the police that you wish to apply for the order of protection. You also have the option to go to the county in which your abuser resides, and request that court for an “Order of Protection” form to fill out. 

When the paperwork is filed, a hearing date will be set, typically within a few weeks, where you will be required to appear. During the hearing you will be asked to describe your situation and prove you have experienced abuse or been threatened with violence. Oftentimes, witnesses, police reports, hospital and physician reports and evidence of physical abuse or assault are necessary for the judge to issue the order of protection. 

Functions of the Order of Protection 

Once the order of protection has been granted, it serves a variety of functions. The basic mandate is for the named abuser to stay away from the victim’s place of residence and employment. It prohibits any type of direct contact from the abuser, including in person contact, phone calls, mail, email, social media contact or other immediate forms of communication. It can also prohibit contact through a third party. Protective orders can also address domestic issues. If the parties share a home, the protective order can force the abuser to vacate. 

If the protective order is made permanent, it may include additional safeguards and instructions. This could be banning the abuser from owning a firearm or ammunition. If the abuser violates any order contained within the legal mandates, they may face additional legal penalties. 

Seek Professional Assistance 

If you believe you require an order of protection, you should contact a professional immediately. Erin Masters and Anthony Joseph have extensive experience in handling domestic abuse matters. At Masters Law Group, we’re focused on solving problems and achieving the best possible results for all clients.  We will ensure that your best interests are protected always. Contact us here today to set up a virtual consultation.