Lawyer Monthly Magazine - January 2019 Edition

Orders of Protection: When Should Victims Apply for One? During her observations as a Court law clerk intern for the late Honorable Judge, Willard Lassers, in the Domestic Relations Division of the Circuit Court of Cook County, Wendy assisted in case development, and documentation which gave her a behind the scenes view into some very traumatic times in people’s lives. Shocked at how often people were not getting proper counsel to get through very critical processes, Wendy began her journey into family law. With exceptional experience behind her, Wendy speaks with Lawyer Monthly about Orders of Protection, when people should apply for them, how they can do so, the process and outcomes involved. The Illinois Domestic Violence Act was passed by the Illinois Legislature in 1982 and was updated in 2012. It is under the Illinois Domestic Violence Act (hereafter “IDVA”) for which we petition for Orders of Protection (or, the “Order”). It can be found in Chapter 750 Illinois Compiled Statutes (ILCS) Section 60/103 et seq.). The IDVA is intended to protect a person abused by a family or household member, a high- risk adult with disabilities who is abused, neglected, or exploited by a family or household member, any minor child or dependent in the care of such person, and any person residing or employed at a private home or public shelter which is housing an abused family or household member. An Order of Protection may be filed by a person who has been abused by a family or household member, or filed by any person on behalf of a minor child or any adult who has been abused by a family or household member and due to age, health, disability, or inaccessibility, who cannot file the petition themselves. It can also be filed by any person on behalf of a high risk adult with disabilities who has been abused, neglected, or exploited by a family or household member 1 . The term "abuse" means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation. “Family” or “household member” includes spouses, parents, children, stepchildren, and other persons related by blood or by present or prior marriage, persons who have or allegedly have a child in common or share a blood relationship through a child, persons who have or had a dating or engagement relationship, and persons with disabilities and their personal assistants, and caregivers 2 . The issue of what constitutes a shared household has been interpreted by the Courts over the years and the Courts have been more lenient in recent times in interpreting this issue. In the case of Glatzer v. Fabianich, Contact Wendy R Morgan Founder The Law Firm of Wendy R Morgan www.wendymorgan.com 44 SUPER LAWYERS JAN 2019 www. lawyer-monthly .com