The legal order will prohibit a person from committing any domestic violence acts or contacting the people protected by the order. The order also serves several protective reliefs like removing licensed firearms from the home, adding other people to the order, and general use of the home.
Once the court issues the orders of protection, it will require the person to stop certain behaviors like contacting or abusing the person requesting the order. Most restraining orders are related to domestic violence or issues within family relationships such as harassment, physical abuse, sexual assault, or stalking.
There are other ways someone can get an order of protection. They include civil matters that may prohibit a person from contacting a non-family member or intimate partner or doing a certain service or professional’s office. This post focuses on how you can defend yourself against any order of protection.
Once you become a subject of an order of protection, keep in mind that it’s a very serious matter that will require prompt attention. However, you have important rights such as getting notified of the request, having a court hearing, and defending yourself. You will also have the right to an attorney. However, you are not eligible to free counsel during proceedings or offered a court-appointed attorney as the matter is civil in nature.
Try as much as possible to get more information about your rights and options instead of ignoring the order. After violating a restraining order, you could face charges for crimes the protected party accuses you of as long as it is in effect. The order will also show up in your background checks.
In Illinois, courts can enter a temporary protection order that lasts from a few days to a few weeks. During this time, the court can hold a hearing without the presence of the accused. The judge may decide to conduct a formal hearing before they enter a permanent order.
The respondent will receive notifications for the hearing and then get a week to ten days to make decisions and prepare for the hearing.
To fight an order of protection, you must appear in court with evidence that shows the order is not warranted. There are specific steps to follow and defend yourself from an order of protection issued against you.
An order of protection will remain valid for a year in which you will get one hearing. You can file a written request to the court that issued this order to get a hearing and defend yourself.
Here are some steps to help get prepared:
Looking for a lawyer with the experience you need? Johnston Tomei Lenczycki & Goldberg LLC is a premier Libertyville, Illinois law firm serving Lake County, Cook County and McHenry County. We are ready to serve you and help you navigate issues you may face with an order of protection. Contact us today to learn more.
Phone Number: (847) 549-0600
Fax Number: (847) 589-2263
350 N. Milwaukee Ave., Ste. 202
Libertyville, IL 60048
223 N. IL. Rt. 21, Ste. 14
Gurnee, Illinois 60031
2100 Manchester Road, Suite 920
Wheaton, IL 60187