Orders of Protection
Orders of Protection pursuant to the Illinois Domestic Violence Act provide a critical legal shield to prevent ongoing violence and harassment. These Orders deal with partners, family members, and household members. Illinois provides a parallel statute for individuals who do not have these relationships with the Stalking No Contact Order Act. Unfortunately, both can also be improperly used as weapons.
If you have a former partner or member of your household who is causing physical or emotional harm to you or your child, we can help. An emergency order of protection can be entered without notice or the physical presence of the opposing party. This is a temporary order meant to grant relief for a short period of time. The longer-term remedy, a plenary order of protection, requires service of notice of hearing by the sheriff’s department. The plenary order of protection is typically in place for two years.
If you are the victim of a fraudulent/harassing order of protection, we can also help. These unsavory orders based upon false claims are filed to interfere with custody rights or destroy a person’s professional life.
The improperly filed emergency order of protection is almost always entered by the Judge because there is no opposition. If you are facing a plenary hearing, you have the right to present testimony and evidence. Ignoring the hearing is the worst thing you can do because the order will be entered in your absence, unopposed. We can stop the plenary order from being entered.
Violations of orders of protection or no contact orders are serious business. A first violation is a class A misdemeanor. A second violation is a class 4 felony.
Protect yourself if you need an order of protection – make sure you have counsel to get the plenary order entered. If you are facing a frivolous filing, we can defeat it. Handling cases in Champaign and Vermilion counties, schedule an appointment today.