Keeping Your Phone Number and Other Protection Order Remedies

 Posted on January 05, 2018 in Order of Protection

When filing an order of protection in a domestic violence case, the petitioner may suddenly realize the various ways he or she is connected to the abuser. The victim must take steps to cut off access to properties and finances in order to shield him or herself from the abuser. However, both the accuser and accused may normally have an equal right to the shared properties. Illinois lawmakers included several remedies in the state's order of protection law that favor the petitioners’ rights to access and control various properties. A revision to the law went into effect at the start of the new year that extends those rights to cell phone accounts.

Phone Control

Under the revised law, a petitioner who has filed an order of protection may request that a wireless service provider move his or her phone number to a separate account. The law is meant as another way for domestic violence victims to be financially independent from their abusers. Domestic partners often share a wireless telephone service plan. If the abuser is the primary holder of the account, he or she has control over all phone numbers related to the account. With the new law, the petitioner

• Does not need the permission of the primary account holder to separate from the account;
• Can keep his or her cell phone number;
• Can include his or her children’s phones as part of the separation; and
• Will be financially responsible for the separate account.

Other Remedies

Illinois law includes various remedies for order of protection petitioners that may continue as long as the order is in effect. A stay-away order establishes criminal consequences for respondents who attempt to approach the petitioner. An order can also enforce child support payments, spousal maintenance and the allocation of parental responsibilities. Other remedies involve property rights, including:

• Access to a shared home;
• Possession of shared properties; and
• Custody of pets.

Before granting these remedies as part of an order of protection, a court will consider the burden placed on the respondent. The petitioner is presumed to have these rights. However, the presumption is rebuttable if a remedy causes undue hardship to the respondent and alternative remedies are available.

Acting Against Domestic Violence

If you are a victim of domestic violence, you need to take actions that will protect yourself and others at risk. This may include filing an order of protection and getting a divorce if the abuser is your spouse. A Kane County family law attorney at Goostree Law Group can help you separate yourself from your abuser and establish independence. Schedule a free consultation by calling 630-584-4800.

Source:

http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=91&GA=100&DocTypeId=SB&DocNum=57&GAID=14&LegID=&SpecSess=&Session=