What to Do If Someone Gets an Order of Protection Against You

 Posted on September 14, 2022 in Domestic Violence

In Illinois, orders of protection are issued to individuals who feel that their safety is threatened by another person. Protective orders, called restraining orders in other states, are commonly issued in domestic violence cases. The purpose of a protective order is to prevent an abusive or harassing individual from causing the alleged victim further harm. If someone was issued a protective order against you, you may be unsure of how to handle the situation. It can be frustrating and overwhelming. The actions you do and do not take during the protection period can dramatically impact your future, so it is essential to tread cautiously.

Follow the Instructions in the Protective Order - Even if The Order is Based on False Allegations

Illinois courts may grant an Emergency Order of Protection on a per se basis. This means that if the court believes that domestic violence has occurred, the court may issue a protective order without giving the accused an opportunity to defend themselves in court. If you have been served with an emergency order of protection, it is essential to follow its every instruction until you have had a chance to appear in front of a judge.

The protective order may require you to move out of your own home or stay away from your own children. If the claims against you are false, this can be deeply offensive. However, it is crucial that you comply with the protective order for now. Violating an Illinois order of protection is a serious offense that can result in jail time, fines, and other penalties. Do not contact your accuser or go to any locations prohibited by the protective order.

Start Building Your Defense Case

If you were charged with domestic battery, violating an order of protection, child abuse, sexual assault, stalking, or a related offense, contact a criminal defense attorney for help right away. Your lawyer will work with you to build a defensive strategy against your charges. You will eventually have the opportunity to present a defense during a hearing or criminal trial. This is your opportunity to present your side of the story.

Some of the ways your attorney may be able to help you include:

• Investigating the allegations against you
• Gathering evidence to support your innocence
• Cross-examining the alleged victim and other witnesses
• Calling expert witnesses to testify on your behalf
• Filing any necessary motions and helping you navigate the criminal justice system

Your lawyer will advocate on your behalf and provide advice and direction specific to your particular situation. 

Contact Our Kane County Criminal Defense Lawyer 

If you were accused of domestic violence or someone got a protective order against you, contact our The Law Office of Brian J. Mirandola for help. Elgin criminal defense attorney Brian J. Mirandola is a former Assistant State's Attorney who now focuses exclusively on criminal defense. He can protect your rights and help you defend yourself. Call 847-488-0889 for a free consultation. 

Source:

https://illinoisattorneygeneral.gov/women/ordersofprotection.html