Rolling Meadows Domestic Violence AttorneysMost people are aware that orders of protection are tools available in Illinois to help prevent instances of domestic violence. When a judge issues an order of protection, the order limits the behavior of the alleged abuser and may restrict him or her from contacting the alleged victim or the victim’s children, among other restrictions. What happens, though, if you obtained an order of protection but no longer believe that you are in danger of abuse? Can you have the order dropped?

The answer is complicated, as it will depend entirely on the circumstances of your case. You can petition the court to vacate the order, but the court is not obligated to do so.

The Process

Generally, to have an order of protection dropped, you will need to go back to the county court where you filed the petition for the original order. The court clerk will have paperwork for you to complete, and you may be asked to speak with the judge or another officer of the court before the order is vacated. The purpose of the discussion is so that the court can be certain you are dropping the order voluntarily. Orders of protection usually involve abusive individuals, and judges realize that it is not out of the question for an abuser to force or manipulate a victim into dropping a protective order.

If your request to vacate the order is approved, you will know before you leave the courthouse. If your request is not approved, you may need the assistance of an attorney.

Civil or Criminal Proceedings?

Under Illinois law, orders of protection can be issued on their own, as part of a civil proceeding, or as part of a criminal proceeding. Civil proceedings include divorces and child custody disputes while criminal proceedings include charges for domestic battery and other violent crimes. The process described above will generally be sufficient for orders of protection issued as standalone orders or as part of civil proceedings. Those associated with criminal charges, however, are more difficult to drop.

The main issue is that in a criminal case, the State’s Attorney’s office is responsible for prosecuting the case. Once charges have been filed, prosecutors are often very hesitant to drop them. You will need to convince the State’s Attorney that dropping the order is in everyone’s best interests, and you may need your own lawyer’s help to do so.

Call Us Today

If you have obtained an order of protection that you now believe is unnecessary, contact an experienced Rolling Meadows domestic violence lawyer. Call 847-253-3100 for a free consultation at Cosley Law Office today.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100

https://legalbeagle.com/6108518-vacate-order-protection-illinois.html

Posted in Orders of Protection | Tagged , , ,

against you, Rolling Meadows domestic abuse attorneysA quick scan of local or national headlines will show that the issue of domestic violence continues to plague our communities and our nation. Each year, millions of Americans are subjected to violent and abusive behavior perpetrated by romantic partners and other family or household members. As you may know, if you have been abused or you believe that you are in danger of being abused, Illinois law gives you the ability to seek an order of protection against your alleged abuser. But, what if you are the alleged abuser? More importantly, what if you have not done anything wrong but an order of protection was still issued against you?

Understanding the Order of Protection Process

It is important to know how an order of protection is issued. There are three types of protective orders in Illinois: plenary, interim, and emergency orders of protection. A large number of cases begin with an emergency order of protection, or EOP. To obtain an EOP, an individual must file an affidavit with the county court detailing the alleged abuse or the threat of abuse. If the court finds that the allegations are credible, an emergency order may be issued, regardless of whether the alleged abuser was notified in advance of the filing.

An emergency order of protection can prohibit the alleged abuser from contacting the alleged victim and even keep the alleged abuser out of his or her home. An EOP can last for up to 21 days until a hearing can be held for a more permanent solution.

Remain Compliant at All Times

Because an EOP can be issued based solely on one person’s sworn affidavit, there is little you can do to prevent it from being granted. Once it is issued, however, you must comply with the order’s terms no matter how unfair they seem. Violating an order of protection will only land you in jail and jeopardize your case going forward. While it may seem like an eternity, you will have the opportunity to present your side of the story within a couple of weeks.

Making Your Case

Before a plenary order of protection can be issued, a hearing must be held that gives both sides the chance to make their case. Your accuser will be able to lay out the allegations against you in detail, and you will have the opportunity to respond to them. Prior to the hearing, you must be provided access to the accuser’s original affidavit so that you can address each claim specifically. With help from a qualified attorney, you can obtain statements from other people who can vouch for your credibility, your actions, and those of the accuser.

If an order of protection has been issued against you, many obstacles lie ahead, but things are not hopeless. Contact an experienced domestic violence attorney in Rolling Meadows for guidance today. Call 847-253-3100 for your free, confidential consultation.

 

Sources:

https://www.illinoislegalaid.org/legal-information/3-types-orders-protection

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000

Posted in Orders of Protection | Tagged , , , ,

emergency order, Rolling Meadows domestic abuse attorneysIf you are one of the millions of men and women who are victims of domestic violence, you may be lost, scared, and unsure of how to handle the situation. Firstly, you should know that you are not alone. Data shows that about one out of every three women and one out of every four men are abused by an intimate partner at some point in their lives. Domestic abuse can include physical, psychological, and sexual violence as well as threats and intimidating behavior. In the majority of domestic violence cases, the first thing a victim can do to protect themselves is to request an emergency order of protection.

Who Qualifies for an Emergency Order of Protection?

If you or your child have been abused by a family member or significant other, you qualify for an emergency order of protection (EOP)—sometimes referred to in casual conversation as a restraining order. Individuals who are concerned for the safety of a disabled adult may also file a petition for an order of protection on the disabled person’s behalf. You do not have to be physically injured by the alleged abuser in order to qualify for an EOP.

Domestic violence can take many forms, but the common theme in any abusive relationship is the abuser’s need for power and control over the victim. An abuser may verbally berate or harass the victim, deny them access to money, disallow them from contacting friends and family, or threaten to hurt the victim or his or her children.

Visit Your County Court to File for an EOP

You can visit the circuit court in either the county you live in, the county your abuser lives in, or the county in which the abuse is taking place to obtain an emergency order of protection. You will be asked to describe your reasons for seeking an EOP, but you will not have to prove these allegations, but you will need to show that your fear of continued abuse is reasonable. If approved, the circuit court judge will grant your emergency order of protection immediately.

How Can An Emergency Order of Protection Protect Me?

An EOP is a legal document which bans the alleged abuser from continued abuse. The order may contain provisions which prohibit the alleged abuser from being within a certain distance of the victim or from their home, school, or workplace. If the abuser violates the terms of the EOP, he or she can be immediately arrested.

Domestic Violence Protection

If you or your children are in direct danger, do not hesitate to get to a safe place first. If you are ready to obtain an emergency order of protection, reach out to our team of practiced and empathetic Rolling Meadows domestic violence attorneys. Call 847-253-3100 today to schedule a free, confidential consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000

http://www.thehotline.org/is-this-abuse/abuse-defined/

Posted in Domestic Abuse, Orders of Protection | Tagged , , ,