Safeguarding Your Rights When an Order of Protection Is Filed Against You

 Posted on June 14, 2018 in Orders of Protection

A quick scan of local or national headlines will show that the issue of domestic violence continues to plague our communities and our nation. Each year, millions of Americans are subjected to violent and abusive behavior perpetrated by romantic partners and other family or household members. As you may know, if you have been abused or you believe that you are in danger of being abused, Illinois law gives you the ability to seek an order of protection against your alleged abuser. But, what if you are the alleged abuser? More importantly, what if you have not done anything wrong but an order of protection was still issued against you?

Understanding the Order of Protection Process

It is important to know how an order of protection is issued. There are three types of protective orders in Illinois: plenary, interim, and emergency orders of protection. A large number of cases begin with an emergency order of protection, or EOP. To obtain an EOP, an individual must file an affidavit with the county court detailing the alleged abuse or the threat of abuse. If the court finds that the allegations are credible, an emergency order may be issued, regardless of whether the alleged abuser was notified in advance of the filing.

An emergency order of protection can prohibit the alleged abuser from contacting the alleged victim and even keep the alleged abuser out of his or her home. An EOP can last for up to 21 days until a hearing can be held for a more permanent solution.

Remain Compliant at All Times

Because an EOP can be issued based solely on one person’s sworn affidavit, there is little you can do to prevent it from being granted. Once it is issued, however, you must comply with the order’s terms no matter how unfair they seem. Violating an order of protection will only land you in jail and jeopardize your case going forward. While it may seem like an eternity, you will have the opportunity to present your side of the story within a couple of weeks.

Making Your Case

Before a plenary order of protection can be issued, a hearing must be held that gives both sides the chance to make their case. Your accuser will be able to lay out the allegations against you in detail, and you will have the opportunity to respond to them. Prior to the hearing, you must be provided access to the accuser’s original affidavit so that you can address each claim specifically. With help from a qualified attorney, you can obtain statements from other people who can vouch for your credibility, your actions, and those of the accuser.

If an order of protection has been issued against you, many obstacles lie ahead, but things are not hopeless. Contact an experienced domestic violence attorney in Rolling Meadows for guidance today. Call 847-253-3100 for your free, confidential consultation.

Sources:

https://www.illinoislegalaid.org/legal-information/3-types-orders-protection

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000