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How to Fight an Order of Protection in Illinois

Navigating Orders of Protection in Illinois

 

When you are first served with a notice that an order of protection has been filed against you, it is essential that you remain calm and do not contact the petitioner (the person who filed the order of protection).

A judge will likely issue a plenary order to protect the petitioner until your court date. This means that you should not contact them in any way, including having a third party contact them for any reason. You must follow this order whether you agree with it or not. Acting on emotion or in an impulsive way can have serious legal consequences, which can include hefty fines or jail time. It can also make you look guilty of abuse, whether it’s true or not.

While waiting for your court date, gather evidence supporting your argument about why a protection order should not be granted against you. This includes any videos, recordings, text messages, voicemails, documents, or witnesses that support your claim.

It is essential to have an attorney represent you if an order of protection has been unjustly filed against you. Hirsch Law Group fights orders of protection aggressively because they can affect your employment, housing, and potentially your freedom in the future.

 

Aggressive Legal Representation for Those Facing an Order of Protection in Illinois

 

A judge must issue a plenary order of protection or restraining order, which can last up to two years, making them the longest type of order. It is a court order that prohibit respondent’s harassment and certain kinds of contact with the petitioner and their loved ones and can even remove you from your own home.

According to the Illinois Domestic Violence Act, protective orders are limited to family members, co-habituating, former spouses, or couples engaged or dating. An order of protection is a legal tool for victims of domestic abuse. Domestic abuse includes harassment, physical abuse, interference with personal liberty, or willful deprivation or intimidation of a dependent. Violation of a restraining order could lead to criminal charges or jail time.

Too often, an order of protection can be used to gain custody of a child or get revenge on the respondent. A false accusation of abuse can be embarrassing and devastating. This is why anyone in this situation must have an aggressive criminal defense attorney representing them.

Hirsch Law Group has experienced attorneys who will fight hard to defend your rights. Not having quality legal representation when facing an order of protection can lead to job loss, losing custody of a child, or moving out of your home.

 

Types of Orders of Protection

 

Illinois has three types of Protection Orders: Emergency Order of Protection (EOP), Interim Order of Protection, and Plenary Order of Protection. Each type serves a different purpose and has varying durations.

 

Emergency Order of Protection (EOP)

Lasts 14-21 days. It does not require the respondent to be present in court, and they may not even know about the hearing until afterward. The judge issuing the order must believe that an emergency exists and immediate protection is necessary to prevent further abuse.

 

Interim Order of Protection

Lasts up to 30 days. A judge may issue this to protect the petitioner when the respondent has been served a notice of the petition and the time of a hearing. Respondents can only receive an interim order after their first court appearance or after the hearing date.

 

Plenary Order of Protection

Lasts up to 2 years. A judge will want to hear both sides of the story from the respondent and the petitioner. The petitioner must be present in court to get the order. If the respondent doesn’t show up, the plenary order of protection will likely be issued. Having an attorney represent you at this hearing is crucial because a plenary order can have significant consequences.

How to Fight an Order of Protection

 

It is not uncommon for orders of protection to be unjustly filed. In Illinois, an order of protection is a serious legal matter that can affect your personal life and future in many ways. This is why it is essential to fight back with the help of an experienced attorney.

If you are facing an order of protection, follow these steps to defend your rights:

  1. Contact a skilled criminal defense attorney who has experience fighting orders of protection cases in Illinois.

  2. Gather evidence supporting your defense, including videos, recordings, text messages, voicemails, documents, or witnesses.

  3. Attend all court dates and hearings with your attorney.

  4. Do not contact the petitioner in any way, even through a third party.

  5. Follow all instructions the court gives and comply with any temporary orders issued.

  6. Be honest and cooperative with your attorney, providing them with all the necessary information to build a strong defense on your behalf.

Fighting an order of protection can be a challenging legal battle, but with the right representation and evidence, it is possible to have the order dismissed or reduced. The Hirsch Law Group team has extensive experience handling these cases and will fight aggressively to protect your rights and future.

 

What to Expect in Court when Fighting an Order of Protection

 

When you show up to court, dress nicely, contain your emotions, and listen to your attorney’s instructions. You do not want to give the judge any reason to make a quick judgment about your behavior.

If an emergency protection order has already been issued without a judge hearing your side of the story, don’t panic. It may feel unfair, but you will get a chance to defend your side in court. Emergency protection orders only last for a short period, which is 14 – 21 days. You must abide by it whether you agree with it or not.

A court order can grant temporary custody and temporary support payments. If you fail to follow the order, there may be repercussions for your parental responsibility agreement.

Showing up to all court hearing dates about an order of protection is essential because a judge could issue a more permanent order against you without hearing your side of the situation.

For a judge, issuing a protective order can be challenging because they have to decide if there is a real threat to someone’s life or if they are lying. It is much easier for them to issue an order of protection if both parties are absent. They tend to take the safe route and give an order of protection to protect the petitioner’s life.

This is why it is important to have an experienced attorney present who can defend your side and prevent the court from making a hasty decision. Your attorney can present evidence and call upon witnesses to support your case, giving you a better chance at fighting the order of protection.

Importance of Legal Representation in Fighting an Order of Protection

 

A skilled and aggressive attorney can make all the difference when fighting an order of protection in Illinois. Here are some reasons why it is crucial to have legal representation in this situation:

  • Knowledge and experience: An attorney who has handled similar cases before will have the necessary expertise and experience to guide you through the legal process.

  • Strategic defense: Your attorney will strategize a strong defense based on the evidence and circumstances of your case. They will also know how to challenge the petitioner’s accusations effectively.

  • Protecting your rights: Your attorney will fight to ensure that your rights are protected and that the protective order does not unfairly restrict you.

Fighting an order of protection requires knowledge, experience, and a strong defense. It is not something you should attempt to handle on your own. Contact a skilled attorney to protect your rights and future. Do not let an unjust order of protection impact your life. Stand up for yourself with the help of a legal professional.

 

Contact Hirsch Law Group for Strong Legal Representation

 

Fighting an order of protection can be a long and complicated process, but with the proper legal representation, you can have a fair chance at proving your innocence.

Our team at Hirsch Law Group is experienced in fighting orders of protection and will provide solid and aggressive legal representation to defend your rights. Contact us today for a consultation, and let us help you fight an unjust protection order.

Remember, having an attorney represent you in court is your legal right. Don’t face this situation alone – let our team at Hirsch Law Group be there for you. So, if you are facing an order of protection unjustly filed against you by a family member or partner, contact us for the aggressive legal representation you need.