Should I Challenge an Order of Protection?

 Posted on March 23, 2018 in Victim Rights

Domestic violence is a serious issue in the United States. In Illinois, victims have remedies and options available to them through the Illinois Domestic Violence Act. One such remedy of this is act is an order of protection, also referred to as a restraining order. The court will grant an order of protection to protect the victim. With any system, though, there are flaws. Orders of protection can be granted inaccurately, severely impacting the life of the accused.

Types of Orders of Protection

Illinois law provides three different types of orders of protection:

1. Emergency orders. An emergency order is issued, much like it sounds, when there is an emergency. The court does not need to hear testimony from the accused. The accused does not even need to be given notice of the hearing/potential order. These emergency orders last for 21 days. After 21 days there is a hearing in which the accused can attend and respond to the allegations that caused the order.
2. Plenary orders. A plenary order is issued after there has been a hearing. The accused must be given notice and the opportunity to appear before the judge. A plenary order can last up to two years.
3. Interim orders. An interim order is issued in between an emergency and plenary order. If there is a gap between the emergency order of protection expiring before there is a full hearing, the court can issue an interim order of protection for up to 30 days.

You’ve Been Served: Now What?

Being served with an order of protection may be a complete shock and surprise to you. However, it is in your best interest to comply with the order. Noncompliance can lead to more serious criminal charges and penalties. There are limited opportunities to challenge the order of protection. Be proactive and contact an experienced attorney as soon as possible.

Challenging the Order of Protection

Not challenging an order of protection can affect your life in the long term. If you are going through a divorce or custody proceeding, the order can affect the outcome of those hearings. If you want to challenge the order, you will file a motion to modify the order. After you file this motion, the court will decide if there should be a hearing. Often, a judge is hesitant to lift or modify an order of protection. This is because of the circumstances in which an order is granted, a judge wants to keep all parties safe.

If you have been served with an order of protection and wish to challenge it, you need a skilled Rolling Meadows criminal defense attorney to help you. The Law Offices of Christopher M. Cosley is duly equipped to fight to get an order lifted or modified. Our legal team has years of experience to investigate the remedies available to you. Contact us for a free consultation today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000