How Should I Respond to an Order of Protection Against Me in Illinois?

 Posted on October 11, 2024 in Family Law

Accusations of domestic violence are dealt with quickly and seriously in Illinois. Victims of abuse can be granted a restraining order, officially known as an Order of Protection, against someone the victim claims has been violent. It requires several steps to be finalized, but in urgent cases, an Emergency Order of Protection (EOP) can be granted almost immediately.

While this is only a temporary arrangement until claims can be properly investigated, an EOP can significantly restrict your life by limiting where you can be and who you can be with. If your child’s other parent accuses you of domestic violence, you could be served with an EOP legally prohibiting you from being in or near your own home before anyone can confirm or reject the accusations. If this happens to you, contact an experienced Cook County, IL family law attorney as soon as possible to ensure your rights are protected. 

What Is an Emergency Order of Protection?

When someone wants to make an official complaint of domestic abuse, they need to file a petition for an order of protection. In the petition, they need to provide information about the person they are filing against, including a valid address and date of birth, and then fill out forms with detailed descriptions of the claimed incidents of domestic violence. 

For a regular case, the petitioner is given a court date for a hearing. However, if the petitioner demonstrates a risk of additional abuse, they can be granted an Emergency Order of Protection (EOP) that can be issued within 24 hours. Their testimony alone is often enough for an EOP to be issued. This temporary order is valid until the lengthier process of an Order of Protection is carried out.

If you are served with an EOP, you will be given information about where you cannot go, how far away you need to stay from specific places and people, your court date, and the date the EOP is set to expire. Even if you are the victim of false accusations, make sure to read the order carefully and abide by it. Otherwise, you could face heavy fines and even jail time for violating it.

How Should I Respond to an EOP?

Protecting victims of violence is a good idea in theory, but false accusations are common. This sometimes happens during an acrimonious divorce, when one spouse wants more out of the divorce settlement at the other’s expense and hopes to punish them. If you are served with an EOP, you have several options for how to proceed:

• Wait until your court date. The judge will hear you and the petitioner tell your slides of the story and make a decision. It is best to have legal representation with you to help protect your rights.

• Request an earlier court date. This will not change the process but can get it resolved sooner.

• Do not attend your court hearing. The judge will issue a ruling without hearing your side of the story and can make other decisions about things like child custody in your absence. This is not recommended.

Schedule a Free Consultation with a Chicago, IL Family Law Attorney

If you are falsely accused of committing domestic violence, you need a knowledgeable Cook County, IL family lawyer by your side. Legal guidance is imperative at a time when you are trying to ignore your gut reactions and remain calm. If you do not abide by an order of protection, even if you know you pose no harm to anyone, you can suffer serious legal consequences. At The Law Office of George J. Skuros, we are dedicated to helping clients get through these challenges so they can move on with their families. Call us at 312-884-1222 to schedule a free consultation.