Publications

Articles on Orders of Protection

Firearm owner’s Id revoked for subjects of order of protection. PA 096-0701

December
2009
Illinois Law Update
Page 604
Individuals with orders of protection issued against them soon will have their Firearm Owner's Identification (FOID) Card revoked, requiring them to surrender their guns to a local law enforcement agency for safekeeping.

Absolute immunity applies to protect police officers from tort liability

May
2009
Illinois Law Update
Page 226
On February 20, 2009, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Third District, thereby affirming the decision of the Circuit Court of Cook County which dismissed the plaintiff's complaint because there was no genuine issue of material fact with regard to a defendant's enforcement of the Illinois Domestic Violence Act of 1986 (750 ILCS 60/101 et seq (2002)).

Order-of-protection laws amended to prohibit access to health records. PA 095-0912

November
2008
Illinois Law Update
Page 554
The Illinois General Assembly amended Section 602.1 of the Illinois Marriage and Dissolution of Marriage Act and Section 222 of the Illinois Domestic Violence Act to prohibit health care providers from releasing a child's health care records to any respondent listed in an order of protection. 750 ILCS 5/602.1, 750 ILCS 60/222.

The Impact of Order-of-Protection Remedies on Divorce

By Thomas J. Kasper
June
2008
Article
Page 310
Some OP remedies, such as temporary custody, can have a huge effect on a subsequent divorce. Find out how to protect your client's interest.

Correspondence from Our Readers

January
2008
Column
Page 6
Labeling security retainers; order-of-protection abuse.

Combating Orders-of-Protection Abuse in Divorce

By Scott A. Lerner
November
2007
Article
Page 590
Differences in the order-of-protection process under the IMDMA and the Illinois Domestic Violence Act create an opportunity for petioners to gain an unfair advantage in divorce. 

Negative inference applicable only to “tip the scales”

August
2006
Illinois Law Update
Page 404
On June 6, 2006, the Illinois Appellate Court, Second District, reversed the decision of the Circuit Court of DuPage County, which had ordered the issuance of a two-year plenary order of protection based upon testimony by respondent's ex-wife stating their daughter returned with a large welt on her leg after spending 11 hours with the respondent.

Obtaining and Defending Against an Order of Protection

By Thomas J. Kasper
June
2005
Article
Page 290
Orders of protection can become part of the gamesmanship of divorce. Here's how to represent plaintiffs and defendants in OP proceedings.

Courts may notify schools and day-cares of orders of protection for children; P.A. 92-090

September
2001
Illinois Law Update
Page 454
In July, Gov. Ryan signed legislation authorizing courts to notify schools (including public and private schools and colleges and universities) and day-care facilities if a child is the subject of an order of protection.

Enforcing Orders of Protection Across State Lines

By Celia Guzaldo Gamrath
August
2000
Article
Page 452
Is your client protected when she crosses state lines with an order of protection? Read and find out.

Correspondence from Our Readers

May
1999
Column
Page 234
Single-subject rule: falling on the sword of Damocles?

The Lawyer’s Journal

By Bonnie McGrath
March
1999
Column
Page 126
The "Frye plus reliability'' standard.

Prior Order of Protection Violators Subject to Increased Domestic Battery Penalties; P.A. 90-734

December
1998
Illinois Law Update
Page 662
According to Public Act 90-734, domestic battery committed by a defendant with a prior conviction for violating an order of protection is a Class 4 felony.

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