JOLIET ORDER OF PROTECTION DEFENSE ATTORNEY

Lawyer Defending Clients Served With an Order of Protection in Will County

Domestic violence and abuse are taken very seriously in Illinois, and state law allows victims to help ensure that they can remain safe through an order of protection. If someone is in danger of harm from a family member, spouse, domestic partner, or caregiver, they can receive an order of protection that will force the abuser to stay away from them, refrain from contacting them, and, if necessary, pay child support or spousal support.

While orders of protection are vital for protecting the safety of victims of abuse, they can be misused, especially during a contentious divorce in which one spouse seeks to gain an upper hand in disputes over child custody or other issues. If you have been served with an order of protection, you should be sure you understand your rights and follow all applicable legal requirements, and you will also need to determine your options for defending against the accusations and avoiding issues that could affect your life in the future.

Types of Orders of Protection

Illinois law provides for three types of protective orders:

1. Emergency order of protection - When an alleged victim first seeks an order of protection, they typically file a petition for an emergency order. In a hearing for an emergency order, the respondent is not required to be present, and a judge will usually grant the petitioner's requests, as long as they believe that there is a need for protections to be put in place. An emergency order will last for 14 to 21 days, and a date will be set for a hearing to determine whether to extend the order.
2. Interim order of protection - After a respondent has been served with an order of protection, an interim order can be used to extend the order for up to 30 days until a hearing can be held.
3. Plenary order of protection - After a hearing has been held in which both the petitioner and respondent will be able to present arguments, a judge will decide whether the order should remain in effect. A plenary order can last for up to two years.

What to Do if You Have Been Served With an Order of Protection

When an order of protection is issued, it will put a number of restrictions in place. The respondent will typically be ordered to refrain from committing any acts of domestic violence or abuse, and they will not be allowed to contact or speak to the petitioner or other parties named in the order (such as a couple's children) while the order is in effect. The petitioner may also be given exclusive possession of a couple's home. The order may detail how custody of a couple's children will be handled, and the respondent may also be ordered to pay child support or spousal support.

Since an emergency order of protection can be granted against you without your knowledge or the chance to present your own side, you will likely be in distress due to being cut off from your spouse or children or prevented from entering your own home. However, it is important to abide by the terms of the order until the hearing is held, including refraining from attempting to contact anyone protected by the order by phone, email, text message, or sending a message through a friend or family member. Violating an order of protection is a Class A misdemeanor, which is punishable by up to one year in prison and $2,500 in fines.

As you prepare for the hearing in which a judge will decide whether a plenary order of protection should be granted, you should gather evidence in your favor, such as receipts or phone records that show that you were not present at the time that the alleged abuse took place. If possible, you can ask witnesses who were present during any alleged incidents to testify on your behalf, describing what actually happened or pointing out any falsehoods.

Contact a Will County Order of Protection Defense Attorney

If you have been served with an order of protection, you should contact an attorney right away. At Reeder & Brown, P.C., we can help you understand your rights and responsibilities and advocate for you in a hearing. With our help, you will be able to have false charges dismissed. For a free consultation regarding defense against an order of protection, contact a Joliet criminal defense lawyer today at 815-885-5980. We serve clients in Naperville, Aurora, Bolingbrook, Plainfield, Romeoville, and throughout Will County, Kane County, and Kendall County.