request
X

FREE CONSULTATION

Thank you for your interest in The Law Offices of Andrew M. Weisberg. Please fill out the form below and we will be in touch soon

  • This field is for validation purposes and should be left unchanged.

*Indicates Required Fields

bbb-rating

Call Today for a FREE CONSULTATION

SE HABLA ESPAÑOL

(773) 908-9811

(773) 377-4310

AVAILABLE 24 HOURS/7 DAYS

menu

X

request

(773) 908-9811

AVAILABLE 24 HOURS/7 DAYS

FOLLOW US:

Aggressive. Experienced.

Chicago Criminal Defense Attorney
Former Cook County Felony Prosecutor

blog_homeBlog Home

How To Fight an IL Protective Order for Domestic Violence

It can be a surprise for many people when they are made aware they have an order of protection, sometimes called a restraining order, against them.

In many cases involving domestic violence, orders of protection are issued by the judge without the defendant being present. This means that you may have no idea that an order of protection exists against you until you are served with it.

What can you do to fight an Illinois protective order in your domestic violence case? Read on to find out.

What Is an Order of Protection?

Orders of protection are court orders that restrict the contact someone accused of domestic violence can have with a victim. It is only available for those people who are household or family members in cases where domestic violence has been alleged.

An order of protection will prevent the person named from contacting the victim or from sharing a residence with them. The accused must stay a certain distance from those named in the order, which can sometimes even be their own children.

If an order of protection is violated, then that is a crime itself. It can land the named person in jail, facing charges for yet another violation.

Different Types of Orders of Protection

There are several types of orders of protection in Illinois, each with varying lengths and conditions.

Emergency Order of Protection

These are issued at the request of someone who claims that you are a threat to them. It is issued on the day requested. You will not be notified of this type of emergency order, even though it may last up to 21 days.

Interim Order of Protection

After the first court appearance for the matter or after the date of that hearing, respondents can receive an interim order of protection. This type of order can last as many as 30 days and is often issued after an emergency order.

Plenary Order of Protection

This type of order of protection can last for up to two years. After reviewing the facts of a case, a judge can issue this type of order.

What Should You Do?

If you are served with an order of protection, it’s very important to follow the terms laid out in it and to contact an attorney. Any action taken against those named in the order can damage the case against them and lead to further criminal charges.

While an order of protection is in effect, any child support payments must still be made, as well as any fines and spousal support that have been ordered by the court. Temporary custody can be ordered by the court if you fail to follow an order, which can have an impact on any parental responsibility agreement that is in place.

Chicago Domestic VIolence Lawyer

An order of protection hearing will take place, in which you can plead your case and present evidence to the court. At the hearing, the judge will take into account all the evidence presented and decide whether an order of protection should be extended, as well as any temporary support payments.

After a judgment is made, it’s not easy to change an order of protection. That’s why it’s vital that you have the best case laid out for the judge at that time. This will give you the best shot at resolving the situation in your favor.

 

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

 

 

Our Blog

Using the 2nd Amendment to Fight IL Weapons Charges

Weapons Charges

In the realm of criminal law, navigating weapons charges can be a daunting task, especially in jurisdictions like Chicago, where firearm regulations are stringent. However, one avenue that defendants may explore is invoking the protections offered by the Second Amendment of the United States Constitution.

Understanding how the Second Amendment intersects with weapons charges and its interpretation within the legal framework of Chicago is crucial for building a robust defense strategy.

The Second Amendment: An Overview

The Second Amendment of [...]

Mistaken Identity: When You’re Not the Chicago Thief They’re Looking For

Mistaken Identity | Wrongful Accusations | Theft

In the realm of criminal justice, mistaken identity is a persistent and troubling issue. One of the most distressing scenarios is when an individual finds themselves falsely accused of theft, grappling with the repercussions of a crime they didn’t commit.

Such cases often underscore the critical importance of establishing an airtight alibi and presenting compelling evidence to assert innocence. Let’s delve into this complex issue, exploring real-life instances of mistaken identity in theft accusations and the imperative of constructing a [...]