Fighting an Order of Protection in Illinois

 Posted on September 21,2017 in Domestic Violence & Orders of Protection

Orders of protection, or restraining orders, may be issued for a variety of reasons. However, they are most typically seen in cases that involve charges of stalking or domestic violence. What can you do if you have been served an order of protection? Is there any way that you can fight back? The following information explains, and it provides some important details on how an experienced criminal defense lawyer can help.

Complying with the Order

While it can be shocking to be served with a restraining order, it is crucial that you comply with the terms to reduce your risk of any further consequence. Do not attempt to contact the petitioner or anyone else that is listed on the order. Stay away from their home, their place of work, and places that they frequent. Essentially, avoid the petitioner and any other named individuals at all costs because your freedom could depend on it.

Challenging the Order

Challenging an order of protection is a complex and arduous process. Part of this is due to the increasing awareness of domestic violence, which also led to the implementation of the Illinois’ Domestic Violence Act. However, there are many reasons why individuals experience a great deal of difficulty when trying to fight an order of protection. First, there is the burden of proof, which falls on your shoulders, not the victims. Second, judges tend to err on the side of caution when it comes to domestic violence matters, and they are often hesitant to lift orders of protection once they are in place. Still, you do have options.

How an Attorney Can Help

Criminal defense attorneys can do more than just protect your rights and mitigate in your defense during a criminal charges case; they can also assist you in lifting orders of protection that may have been filed against you. However, you must act quickly! The window of opportunity for fighting an order of protection is small, and if unsuccessful, the order could be extended, or possibly even made permanent.

With more than 25 years of legal experience, Scott F. Anderson, Attorney at Law, is the firm to call for help with your domestic violence or stalking case. Dedicated to your best interest, our Arlington Heights criminal defense lawyer will aggressively protect your rights and pursue the most favorable outcome possible. Get started by scheduling a personalized consultation. Call our office at 847-253-3400 today.

Source:

http://www.illinoisattorneygeneral.gov/women/victims.html

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