There Is an Order of Protection against Me. What Can I Do?

 Posted on October 12, 2023 in Divorce

The courts in the State of Illinois take accusations of domestic violence extremely seriously. Victims of abuse have several steps at their disposal to seek protection for themselves and any children they may have. Courts can grant an Order of Protection, otherwise known as a restraining order, to restrict an alleged abuser’s ability to physically go to specific places. There is something called an Emergency Order of Protection, which can be granted almost immediately when someone makes an official complaint, before an investigation. 

While these orders are in place to protect victims of domestic abuse, there are unfortunately people who take advantage and make false accusations against their spouses. They could do this for several reasons. They might believe this would help their case in divorce proceedings if they are seeking favorable custody arrangements, or they might simply want to harm their ex. If you are being falsely accused of abuse and have been issued an Emergency Order of Protection that is keeping you away from your children, an Arlington Heights, IL divorce lawyer can offer advice and guidance at this difficult time.

What Is an Emergency Order of Protection?

To be granted an Order of Protection, someone needs to make claims of domestic abuse through the courts, which will then begin a full procedure aimed at determining whether the claims are valid. If they are, this is considered sufficient grounds to issue the order. 

If someone is afraid for their immediate safety, they can avoid this lengthier process by requesting an Emergency Order of Protection (EOP). This can often be issued based on their testimony alone, and it will be effective immediately. An EOP serves as a temporary order until the court can conduct a full process, allowing each spouse to argue their respective case, at which point the court will make its decision.

If an EOP is issued against you, you will receive information telling you:

• How far you need to stay away from certain people or places

• Where you are not allowed to go

• The court date where you will be able to make your case

• The date of expiration of this EOP.

Read this information carefully and make sure you follow whatever is written, even if you believe you are being falsely accused.

How Can I Appeal an EOP?

If an EOP has been issued against you, there are several ways for you to respond:

• You can petition for an earlier court date, which could help resolve these matters faster than they otherwise would be.

• When your court date arrives, you will have the chance to explain your side of the story. The court will hear both sides and make a decision based on this.

Contact an Arlington Heights, IL EOP Attorney

If you are being falsely accused of domestic violence, you undoubtedly want to clear your reputation. If you have children, this false accusation could mean that you are being kept away from them. In this trying time, an Arlington Heights, IL divorce lawyer will advocate passionately for your rights. Please call A. Traub & Associates at 847-749-4182 so we can work on setting the record straight.