Common Mistakes When Trying to Fight a Restraining Order in Illinois

 Posted on November 22, 2016 in Domestic Violence

Statistics indicate that some 50 percent of all restraining orders issued in the United States do not involve any form of physical violence. Furthermore, an estimated 70 percent of all orders are thought to be trivial or false. Yet these false, trivial, and non-physical restraining orders have the same consequences for the accused as those related to true, significant, and violent acts. Learn how you can legally fight back and avoid these common mistakes.

Doing Nothing

If the restraining order was taken out against you under false pretenses by someone that you do not care to see again, it may be tempting to just leave the matter be. This is actually a pretty big mistake. An issuance of a restraining order can impact other areas of your life. You may be unable to see other family members, could be kept from your children, may be barred from obtaining certain professional licenses, and may even have the order used against you in a family law case. Never ignore a restraining order, no matter how trivial it may seem.

Violating the Restraining Order

Learning that you have been the subject of an Emergency Order of Protection can come as a big surprise. Even worse is when you feel as though you have done nothing to justify the need for a such an order. In these situations, you may be tempted to try to talk to the person who filed against you. This is the absolute worst thing you can do. Regardless of how unfounded the allegations against you may be, violating the order of protection has serious consequences. Wait until you have your day in court – then you can fight the matter legally.

Losing Your Cool in the Courtroom

Being served with a restraining order is frustrating, and you do have a right to be upset. Unfortunately, if you fly off the handle in the courtroom – yell, use aggressive words or tones, glare across the room at the alleged victim, or verbally attack the alleged victim – you are only helping to support their case. Remember, you are already on the defensive side. How you portray yourself is how you will be seen. So, instead of letting the restraining order get to you in court, remain calm and cool.

Trying to Face a Restraining Order Alone

No matter how trivial a restraining order may seem, it is important that you take the matter seriously. Again, this can have an impact on other parts of your life, and it could prevent you from seeing your children or other family members. To learn more about how to deal with an order of protection filed against you, contact a Naperville family law attorney. We will aggressively represent you in your case and fight for the most favorable outcome possible.

Sources:

http://www.cleveland.com/hillcrest/index.ssf/2016/10/man_arrested_for_protection_or.html

http://www.saveservices.org/camp/faam-2011/false-accusations-of-domestic-violence-by-the-numbers/

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