How Effective are Court Orders of Protections?

Court Orders of Protection in Divorce Cases

Court Orders of Protection in Divorce Cases

The recent shooting deaths of three women at a popular day spa in the Milwaukee area that were committed allegedly by the estranged husband of one of the victims has triggered a great deal of discussion over the issuing and effectiveness of court orders of protection.  The presumed gun man, who also took his own life shortly after killing the women and injuring others, was supposedly under a court order of protection sought only days before by his wife, who worked at the spa.  Although many questions remain about this tragic incident involving an apparent domestic dispute, one of the most troubling concerns is over how the alleged shooter possessed a firearm while under a court order of protection.

While laws and statutes differ from state to state, including divorce laws, domestic violence is considered a crime in Illinois according to the Illinois Domestic Violence Act. Indeed, the Illinois Attorney General’s Office specifies that “any person who hits, chokes, kicks, threatens, harasses or interferes with the personal liberty of another family or household member has broken Illinois Domestic Violence law.” The Act provides that an order of protection may be issued to keep an abuser away from places of work, school or a specific location. Yet, although Illinois law also provides that an order may be issued to require an abuser to turn weapons over to local law enforcement if a safety risk is determined, the law does not specify exactly how or when this action will happen.

As an Illinois divorce attorney, I urge you call 911 if you are in danger of domestic violence. There are also two hotline numbers to call for support and information: the Chicagoland Domestic Violence Help Line at 877-863-6338877-863-6338 FREE and the National Domestic Violence Hotline at 800-799-SAFE800-799-SAFE FREE.  Additionally, you may go to the Illinois Attorney General’s Office to obtain more information.  And please feel free to contact me to seek legal counseling concerning domestic violence or if you are seeking an order of protection.

Michael C. Craven is a well-known divorce attorney in Chicago, CPA and a partner of the law firm, Beermann Pritikin Mirabelli Swerdlove LLP. (Formerly of Beermann, now a Partner at Harrison LLP) located in the Chicago area. He is highly respected among other divorce attorneys, judges and his clients. He also holds a Master of Tax Law Degree (LLM). For more information about his services, contact Michael at mcraven@harrisonheld.com or at Divorce Lawyers Chicago