Many Orders of Protection are entirely justified. They can mean the difference between life and death when dealing with an extremely dangerous family member or dating partner. They can protect a child from being spirited away to another state or to points unknown where the other parent can’t find them.
But what if the Order of Protecion is obained through lies and exaggeration?
First and foremost, because people have been hurt or even killed, your spouse, partner, or other household member can go before a Judge without notice to you and tell that Judge that he or she needs an “Emergency Order of Protection”.
The Judge will grant that Motion almost all the time and you could be thrown out of your residence and denied access to your significant other and your children for 14 days as a result. You might also be ordered to stay away from your kids’ school or your partner’s place of employment. Typically, you will be denied any access whatsoever to your significant other and your kids.The good news is that you always have an opportunity to go before that Judge once the 14 days have elapsed to tell your side of the story. How you tell your story is important. A good attorney will help you testify clearly and distinctly about what really happened, if anything.
Let’s say it was just a verbal altercation. You will have the opportunity to testify that you never laid hands on him or her. If your kids were present, you could tell the Judge what you did to diffuse the situation and protect the children from stressing out after witnessing this high conflict between their parents.
If the Judge believes you, the Emergency Order of Protection could be vacated and not appear on your history. The Judge may well enter an order instead that neither of you will harass each other.
We at Gabrielle S. Davis, PC, with offices in Oak Park and Oak Brook, Illinois, are experienced in prosecuting and defending Orders of Protection. We would be happy to assist you when you are confronted with this sort of crisis.