Order of Protection

Orders of Protection in Chicago, Illinois

Orders of protection are legal tools designed to safeguard individuals from harassment, abuse, or threats of violence. While they play a crucial role in protecting victims, being served with an order of protection can have significant legal consequences, including restrictions on your freedom, your ability to see your children, and your right to possess firearms. If you are facing an order of protection in Chicago, it is vital to understand the implications and to secure experienced legal representation to protect your rights.

What is an Order of Protection in Illinois?

In Illinois, an order of protection is a court order issued to prevent one person from committing acts of abuse or harassment against another. These orders are typically sought in situations involving domestic violence, but they can also apply to other forms of harassment or threats. Under 750 ILCS 60/101, the Illinois Domestic Violence Act allows for different types of orders of protection, including:

• Emergency Orders of Protection (EOP): These orders can be issued without the accused being present in court and are intended to provide immediate protection. An EOP typically lasts for up to 21 days, until a full hearing can be held.
• Interim Orders of Protection: These orders can be issued after the accused has been notified but before a full hearing takes place. They typically last for up to 30 days.
• Plenary Orders of Protection: These orders are issued after a full court hearing where both parties have the opportunity to present their case. A plenary order can last up to two years and may be extended.

Consequences of an Order of Protection in Chicago

Being served with an order of protection can have far-reaching consequences that extend beyond the immediate restrictions imposed by the order. The potential impacts include:

• Restrictions on Contact: The order may prohibit you from contacting the petitioner directly or indirectly, which can include physical proximity, phone calls, texts, emails, or social media interactions.
• Removal from Home: If you live with the petitioner, the order may require you to move out of your home, even if your name is on the lease or mortgage.
• Custody and Visitation: Orders of protection can include provisions that limit or entirely restrict your ability to see your children, often resulting in temporary custody arrangements favoring the petitioner.
• Firearm Restrictions: In many cases, an order of protection will require you to surrender any firearms you possess, and you may be prohibited from purchasing or owning firearms for the duration of the order.
• Criminal Penalties: Violating an order of protection is a criminal offense that can result in arrest, fines, and jail time. The violation of an order of protection is typically charged as a Class A misdemeanor but can be elevated to a felony if there are repeated violations.

Defending Against an Order of Protection in Chicago

Facing an order of protection can be overwhelming and emotionally challenging, especially when the allegations are false or exaggerated. Andrew M. Weisberg brings extensive experience to these cases, drawing on his background as a former Cook County prosecutor to provide strategic and effective defense.

Andrew understands the complexities of cases involving orders of protection and the potential for misuse in situations like contentious divorces or custody disputes. His approach emphasizes clear communication and personalized attention, ensuring that you are fully informed and involved in every aspect of your defense.

Strategic Defenses Against Orders of Protection

Successfully challenging an order of protection involves a careful examination of the facts and a robust legal strategy. Some potential defenses that Andrew may explore include:

• Challenging the Evidence: The burden of proof lies with the petitioner to demonstrate that an order of protection is necessary. Andrew will scrutinize the evidence presented, including any allegations of abuse or harassment, to identify inconsistencies or weaknesses in the petitioner’s case.
• Demonstrating False Allegations: In some cases, orders of protection are sought as a tactic in divorce or custody disputes. If the allegations against you are false or exaggerated, Andrew will work to expose the true motives behind the order.
• Negotiating Modifications: If the order of protection cannot be entirely dismissed, Andrew may negotiate to modify the terms of the order to minimize its impact on your life, such as allowing for peaceful communication regarding child custody or visitation.
• Presenting Character Evidence: Andrew may present evidence of your character, including testimony from friends, family, or coworkers, to counter the petitioner’s claims and demonstrate that you are not a threat.

Why Andrew M. Weisberg is the Right Choice for Your Defense

When facing an order of protection in Chicago, having an experienced and dedicated defense attorney is crucial. Andrew M. Weisberg offers the distinct advantage of having worked as both a prosecutor and a defense attorney, providing him with unique insights into how these cases are handled and how best to defend against them.

Andrew’s commitment to his clients is reflected in his thorough approach to each case, his clear communication, and his unwavering dedication to achieving the best possible outcome. If you or a loved one is facing an order of protection, you need an attorney who will fight for your rights and provide the legal and emotional support you need.

Call Andrew M. Weisberg today at (773) 908-9811 for a free consultation. Orders of protection can have serious and lasting consequences, and Andrew is ready to provide the defense you need to protect your future.