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Obtaining or Challenging a Restraining Order in Illinois

Posted on in Domestic Violence Defense

IL defense lawyerOrders of Protection, also known as restraining orders, are a powerful legal prohibition against an alleged abuser coming into contact with, or even coming within a certain distance of, an alleged victim. Although Orders of Protection are important and necessary in genuine situations of abuse, they can also be weaponized by people who are not acting in good faith. To learn more about Orders of Protection in Illinois, including when they can be implemented and removed, read on.

Types of Orders of Protection

Illinois law provides three basic types of Orders of Protection: Emergency Orders of Protection, Interim Orders of Protection, and Plenary Orders of Protection. It is important to understand what each order entails and when it can be used.

  • Emergency Orders of Protection can be obtained right away, without obtaining testimony from the alleged abuser. They can last up to 21 days and can prohibit an abuser from coming into contact with the victim. Even if you believe that an Emergency Order of Protection has been wrongly filed against you, it is important to abide by its terms because violating Orders of Protection carries serious consequences. There will be time to contest a further Order of Protection in the future.
  • Interim Orders of Protection are meant to extend an Emergency Order of Protection if there has not been an opportunity to have a final hearing about whether an extended Order of Protection is necessary.
  • Plenary Orders of Protection are final orders that a court gives after hearing testimony from both parties. Although the alleged abuser must be notified about the hearing, they may not come. In this case, the Plenary Order and its terms will be approved and can last up to two years, offering a victim the greatest form of legal protection available. If you have been notified of a hearing for a Plenary Order of Protection against you, it is crucial that you attend the hearing; once a permanent Order of Protection is put in place, it is very difficult to challenge it.

Challenging an Order of Protection

If you feel you have been wrongly targeted by an Order of Protection, it is important to comply until you have an opportunity to challenge it in court. Penalties for failing to comply include fines and even jail time. You will be notified of a court hearing, where you can challenge the testimony of your accuser and offer evidence that contradicts his or her claims. It is important to have an experienced family law attorney by your side during the hearing.

Meet with a Joliet, IL Order of Protection Lawyer

The experienced Will County restraining order attorneys with Reeder & Brown, P.C. know that the situations in which victims seek Orders of Protection can be serious and frightening. Likewise, we understand how intimidating it can be to have an Order of Protection falsely filed against you. We will work confidentially with you to move quickly and secure or remove the appropriate Order of Protection so you can feel safe. Call us today to schedule a free consultation at 815-768-4800.

 

Source:

https://illinoisattorneygeneral.gov/women/ordersofprotection.html

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