Domestic Violence In Family Law And Divorce Proceedings

Domestic violence is a real and serious matter that affects countless men, women and children. The law empowers Illinois courts to issues orders of protection, enlisting the help of law enforcement officials to prevent future instances of violence or abuse against the petitioning victim. Violating an order of protection can trigger additional criminal penalties and civil remedies.

However, each year thousands of innocent people are falsely accused of domestic violence or harassment, often by a former spouse or partner who wishes to gain unfair leverage in a divorce or custody proceeding. These allegations can be devastating to your reputation, your parental rights and your relationship with your children if not thoroughly and correctly rebutted.

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The Law Offices of Jeffery M. Leving℠, Ltd., safeguards parents and children during domestic violence proceedings in the Chicago area courts and throughout Illinois. If you have been a victim of domestic violence or have been threatened with violence by your spouse or partner, we assist in obtaining protection orders and restraining orders. If you are accused of domestic abuse in the context of court proceedings, we will vigorously fight to prevent, rescind or modify such court orders.

“One of the worst trends in family law in recent years is spouses feeling justified in filing false abuse charges. The reasoning goes that these charges level the playing field, and the accusers intend to drop the charges as soon as their spouse agrees to a ‘fair’ settlement. Often, the spouse committing perjury has a distorted view of fairness.”
— Jeffery M. Leving®, in Divorce Wars

Your Situation Is Never Hopeless

It is easy to feel helpless during a divorce or paternity proceeding, especially when your spouse or partner takes action or threatens action that would prejudice your rights. However, you are far from helpless when you have our experienced family law attorneys fighting alongside you and watching your back

In the context of domestic violence allegations, we can represent you in pursuing or defending:

Orders of protection

The courts can issue an emergency order for protection on little more than the victim’s say-so, without the accused even in court to present a defense, especially if police are called to a domestic disturbance. The protection order usually involves removing the alleged abuser from the home, for the safety of the victim and any children in the household. In most cases, the subject of the order is ordered to have no contact — in person, by phone or email, or by third party — with the victim. The order may prevent accused parents from having contact with their own children, or it may allow only supervised visitation. Within a few weeks, there will likely be a hearing for a plenary order of protection (“permanent” order), which usually extends the temporary order for up to two years. Our lawyers have the skill to counter this drastic step to avoid a permanent protection order and modify the terms to at least allow for visitation with their children.

Restraining orders

The court can also issue a temporary restraining order or injunction in domestic violence cases, or in any divorce or custody action. Restraining orders are not uncommon. The order may apply to property, preventing the spouse or partner from hiding assets or destroying marital property. It may apply to children, specifically preventing the co-parent from taking children out of the jurisdiction amidst custody proceedings. It may apply to the person, serving the same purpose as an order of protection from violence, threats or harassment.

Violation of orders

If a court concludes that a protection order or restraining order was willfully violated, the judge may impose even harsher conditions. The violation can also result in jail time, which can be both distracting and destructive to the underlying family court proceeding. In many situations, the subject of the order is tricked or provoked into violating the terms of the order to destroy their reputation in the eyes of the family court and land them in jail.

We Are Protective Of Your Rights And The Truth

Our highly qualified attorneys practice in family law. We have seen firsthand how nasty and complicated some divorces and custody fights can get. We know the available remedies and we are prepared to use them for maximum effect on behalf of our clients. We will fight back against unwarranted, exaggerated and false claims of domestic violence, while also serving as a strong voice for you and your children when you are in danger from a spouse, partner or family member.

Our Chicago attorneys understand the effect of domestic violence on divorce and family law matters. Call us at 312-473-1050 or contact us online to schedule a private consultation.

Testimonials

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junior salazar
18 days ago
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I appreciate the people at Jeffery Levings especially Micheal Ochoa, who has represented me , for representing me in my custody battle. They show compassion and understanding and will fight for us fathers who just want to be father's. They fight for fathers rights!!
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Wayne Sivels
18 days ago
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Excellent services provided by my Atty's at Jeffrey Leving Ltd. I cannot thank Atty's Anthony D' Agostino and Arthur Kallow of the law offices of Jeffery Leving for saving me from an unjust situation. The State claimed I owed child support for a child who became an adult decades ago. I was facing an absolute nightmare. They suspended my driver's license and put a lien on property that I didn't even own. It was a terrible ordeal that took a massive toll on my finances and health. Anthony and Art stepped in and fought with true passion on my behalf. Thanks to their tireless efforts and willingness to go to great lengths for justice,the claimed arrearages were completely zeroed out. They literally saved me from this continuing nightmare and gave me back my life. I highly recommend D'Agostino and Kallow and the Law Offices of Jeffery M. Leving to anyone who needs aggressive, brilliant representation. They are worth every penny.
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Grace S
19 days ago
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Michael Ochoa is an excellent Attorney at Law. He is a true professional, compassionate and always took the time to explain things clearly. My divorce case was exceptionally complicated due to my ex-husband's mental illness. I am incredibly grateful to the Law Offices of Jeffery M. Leving, Ltd especially to Michael Ochoa for his help and support during one of the most difficult times in my life. I highly recommend Michael Ochoa to anyone going through a divorce.
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Aliyah Shields
19 days ago
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Michael Ochoa of Jeffery M. Levine has done and continues doing a great job on my child custody case. He works hard in detail and great with communication. Highly recommend!
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Lilia Malacina
19 days ago
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Top flight family law firm that will work tirelessly for the best results.
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Kaleb Wright profile picture
Kaleb Wright
39 days ago
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I met Anthony D’Agostino today at Law Office Of Jeffery Leving for a consultation and he’s an amazing attorney passionately helping fathers obtain custody and exceptional time with their kids. Anthony is a father himself so; he understands about life situations when it comes down to father’s rights. Us real fathers in the world deserve the same as mothers we don’t get that much praise but Anthony D’Agostino is the attorney to make a difference for fathers and your voice will be heard. Kaleb W.
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Marrlow Epps
54 days ago
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Mr. Brain Gilbert did a good job helping me support my fatherhood rights, thanks again sir
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Reed Becker profile picture
Reed Becker
59 days ago
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Excellent firm with excellent lawyers. They have a vast reservoir of legal knowledge and very capable lawyers. Best legal firm I have ever dealt with. I highly recommend them, you will not regret it.
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Marcin Kopiczko
74 days ago
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Mr. James M. Hagler is the BEST lawyer. I highly recommend him and his team. He helped me win my case and I got my son back in life. Mr. Hagler always keep me informed, answered the phone every time I called and always had an answer for every question I asked. I knew from the first meeting I had with Mr. Hagler he was going to help me get my son back. He is a very good at what he does. Thank you Mr. James and his team
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Kareem Henry
82 days ago
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I hired the Law Offices of Jeffrey M. Leaving and the whole staff was great. My Attorney Michael Salamun was awesome, he was very knowledgeable and took time with me to break down and the legal terms so that I was aware of what was going on. In my child support case he saved me thousands with his fight and knowledge.

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