Dealing With an Order of Protection Filed Against You

 Posted on October 25, 2016 in Domestic Violence

In an unfortunately large number of divorce and child-related cases, one party may level unfounded allegations of domestic violence or abuse against the other in an effort to affect the outcome of the proceedings. While such actions may seem to be a frivolous waste of the court’s time, any suggestion of domestic violence must be taken very seriously to ensure the safety of all involved. However, when you are the subject of an order of protection and you have done nothing that can be construed as threatening or dangerous, your life can become very complicated very quickly, and there are some steps to take right away.

Understanding an Emergency Order of Protection

It is important to realize that an emergency order of protection can be issued based solely on the sworn testimony of one party. If he or she claims to be in immediate danger or that the children you share are in such danger, and his or her claims are believable, a judge can issue an emergency order of protection that keeps you away from your home, your partner’s workplace, your children’s school, and other places where you might interact. The order may even make temporary modifications to your parenting plan and parenting time schedule to reflect the current limitations.

Follow the Rules

Under no circumstances should you violate an emergency order of protection, no matter how outrageous the claims may be or how unfair the restrictions are. Violating the order will only make things worse down the road. Instead, contact a lawyer and start building your case to refute the filing party’s claims. An emergency order of protection can only remain in place for up to 21 days. In the meantime, you have the right to appear in court to present your side of the story.

Document Everything

While following the restrictions set forth by your order of protection, you should keep a record of anything and everything that may help you bolster your case. If, for example, you have been ordered to refrain from contacting your partner but he or she continues to send you threatening or antagonizing text messages, avoid responding but keep a screenshot of the texts. Likewise, if your order requires you to attend drug or alcohol counseling or a similar program, keep a careful record of your attendance and participation, even if you think attending is a waste of your time.

We Can Help

If you have been unfairly named in an order of protection, you need to speak with a legal advocate right away. Contact an experienced DuPage County domestic violence attorney and get the guidance you need during a difficult time. Call Pesce Law Group, P.C., at 630-352-2240 for a free, confidential consultation.

Sources:

http://www.illinoisattorneygeneral.gov/women/victims.html

https://www.illinoislegalaid.org/legal-information/what-do-if-order-protection-was-filed-against-you