How to Properly Respond to a Protective Order

 Posted on December 22, 2023 in Domestic Violence

So your spouse has filed for an order of protection against you for domestic violence. What can you do in this situation? You could lash out irrationally, making matters worse, or you can respond with a level head, void of any emotional outbursts, in a respectful manner. Understanding your legal rights regarding a response is important as you only have a limited time in which to respond. At this time, it is prudent to involve an attorney experienced in these kinds of cases.

Protective Orders

Protective orders, or orders of protection, are limited to family members, household members, former or current spouses, romantic partners, and individuals who share a home (roommates). They are used as protection against domestic abuse. Violating a protective order could lead to criminal charges or time in jail.

Filing a Response to an Illinois Order of Protection

Once you receive the petition for the order of protection, you have the option to respond to it and defend yourself from the allegations being lobbied against you. The documents the order of protection came with should include the petition against you, an emergency order if one was entered, and any supporting statements for why the judge granted it. The order will list why you have received an order of protection against you, what you are prohibited from doing, and when you are expected to show up in court.

You now have two options for how to respond:

• Do not attend the court date and just allow the judge to side with the petitioner. The judge will not be able to hear your side of the story and will default to the petitioner’s reasoning for the protective order. You will then need to follow the order of protection if granted.

• Go to court and tell your side of the story to the judge. You must show up on the date listed in the order of protection documents you received. You can choose to agree with the order of protection or say that you would like to fight the accusations and present evidence at a hearing to back your testimony. At this point, you should have a lawyer representing you at the hearing and helping you respond to the petition.

If a judge decides that an order of protection is required and enters a Plenary Order of Protection against you, it can last up to two years with the option to extend, so it is important to take action now.

Contact a Kane County, IL Criminal Defense Attorney

Gathering evidence to support your testimony is important to fighting an order of protection. An Aurora, IL domestic violence defense lawyer can help you uncover the evidence you need to help combat the protective order. Use 847-488-0889 to contact the The Law Office of Brian J. Mirandola and ensure your rights are being protected. Call today for a free consultation to go over your options.