There Is an Order of Protection Against Me. Can I Appeal It?

 Posted on November 08, 2023 in Domestic Violence

The State of Illinois takes domestic abuse and violence accusations very seriously. When it seems that measures need to be taken to protect Illinois residents from abusive or violent people, the court can grant a restraining order, officially called an Order of Protection. Its purpose is to stop someone who is accused of harming others from going near them. If they might be in urgent risk of harm, the court can bypass the longer process and almost immediately grant something called an Emergency Order of Protection.

While the importance of protecting people in danger of a domestic violence attack is clear, it is also unfortunately true that some people will use these procedures to harm an innocent person. Someone can claim they were the victims of domestic abuse and are afraid for their lives, and in such a case, an Emergency Order of Protection (EOP) can be granted without an investigation. If your ex is someone who would make a false claim like this, it could potentially harm your custody arrangements for your shared children. If you believe you are being falsely accused of domestic violence and a resulting Order of Protection might get in the way of you being with your children, a compassionate Naperville, IL, family law attorney will be able to answer questions and offer guidance during this difficult time.

How Can I Appeal a Wrongful Order of Protection?

Whenever domestic violence claims are brought to court, there is a procedure in place for the court to determine whether or not there are reasonable grounds for granting an Order of Protection. Based on the urgency of the testimony, the court might forgo this lengthier procedure and grant an Emergency Order of Protection, which essentially follows a similar logic but can be granted almost immediately if there are grounds to believe someone’s life is in danger.

An Emergency Order of Protection is temporary, and is in place until the two spouses have the chance to make their case in court, allowing the court to make a final ruling. If an EOP is issued against you, you will be given the following information:

• How far you will need to remain for certain people or places.
• Places you are forbidden from going.
• The date when this EOP is valid until.
• A court date during which you will have the chance to plead your case.

If you are convinced that you have been wrongly accused and you know you will be appealing the EOP, you must still make sure you read this information carefully and adhere to whatever restrictions are listed. Once you have figured out how to act according to the EOP, you can appeal for an earlier court date than what you were assigned, which could help resolve things quicker. This is important because your best chance to appeal an EOP is at the court-appointed date. This will be your opportunity to prove why you believe you were wrongfully accused.

Schedule a Free Consultation with a Naperville, IL, Order of Protection Lawyer

If you have been wrongly accused of domestic violence and need to appeal an Order of Protection that has been issued against you, an experienced DuPage County, IL, divorce attorney will handle your case with sensitivity and fight for your rights aggressively. Please call Pesce Law Group, P.C. at 630-352-2240 to schedule a free consultation.