What if My Spouse Lies to Get an Order of Protection? | IL

 Posted on September 23, 2024 in Orders of Protection

An Illinois protective order is issued by the Court, requiring the person that caused harm to another to stay away from the person he or she committed domestic violence against, stalked, sexually abused, or sexually assaulted.  The person who obtains an order of protection must prove that "more likely than not," the offender committed domestic abuse against him or her.

Unfortunately, a protective order may be used during a divorce or allocation of parental responsibility case as a way to obtain leverage over the other party. One parent may claim the other is a domestic abuser as a means of being designated as the primary residential parent. Do you have any rights if you did not do what your spouse is accusing you of? Can you still see your children? Will you get the opportunity to tell your side of the story?

These and other important questions related to an order of protection can be answered by a Rolling Meadows, IL order of protection attorney from Law Offices of Donald J. Cosley. Family law matters are usually very sensitive, requiring dedicated, responsible legal representation. It is important that you have all your questions answered and receive a thorough explanation of how your particular family law issue will progress.

What Are the Three Types of Illinois Orders of Protection?

An emergency order of protection remains in place for up to 21 days and is based on an individual’s statement detailing harm or threat of harm. The other person does not need to be present for an emergency protective order and may not even be aware of the order. The person asking for the order of protection must be at immediate risk of emotional or physical harm.

An interim order of protection is meant to protect an individual between the expiration of an emergency order of protection and the occurrence of a court hearing on the matter. The alleged abuser must be notified of the motion to obtain an interim order of protection, and that person must have the opportunity to appear before the Court and tell his or her side of the story. An interim order adds 30 days to the emergency order.

A plenary order of protection can be issued for up to two years and requires that the person being accused of domestic violence have the opportunity to refute claims and provide evidence. During the interim order of protection hearing or the plenary order of protection hearing, the person the order is against has the right to be heard and to show that they did not do what they are accused of.

How Could an Order of Protection Affect My Ability to Secure or Maintain Parental Responsibilities?

If you are innocent of the allegations that led to the order of protection, there are things you can do.  You can request a parental evaluation, produce witnesses who can talk about your good parenting skills, and keep a detailed parenting journal. If you have already been granted parental responsibilities and your ex-spouse files for an order of protection on their own behalf, your parental responsibilities should not be affected. You might be forced to engage in "no-contact parenting," which involves:

• Attending events for your child at different times

• Communicating with your ex on issues related to your child through a third-party

• Messaging through a co-parenting app that has a hostility monitor

• Making child exchanges through a trusted third-party, a ride-share service, or waiting in your respective cars during the exchanges.

If the order of protection is filed on behalf of the child, a judge might allow you to see your child only under supervision.

Contact an Arlington Heights, IL Order of Protection Defense Lawyer

If you are facing false allegations that could affect child custody, you need a highly experienced family law attorney who can help you fight these allegations. Having a Rolling Meadows, IL family law attorney from the Law Offices of Donald J. Cosley can ensure your rights are fully protected. Attorney Don Cosley personally handles all aspects of his clients’ cases; you will always speak directly to him when you call with questions. Call 847-253-3100 today to schedule your free consultation.