Getting an Order of Protection Dropped in Illinois

 Posted on June 21, 2018 in Orders of Protection

Most 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