Chicago Order of Protection Lawyers
Experienced Attorneys for Orders of Protection in Chicago, Illinois
If you have been served with a protective order, you will be held to strict rules that, if violated, could result in criminal penalties. After being served with a court order, it is critical that you understand what you can and cannot do. To protect your rights during this stressful time, consider working with a Chicago, IL order of protection defense attorney.
At Luisi Legal Group, we have over 25 years of combined legal experience, with staff including two former prosecutors. We understand how serious these matters are, and our criminal defense team can provide you with strong legal advice and representation to address your needs.
What Is an Order of Protection?
In Illinois, orders of protection are used to protect victims of domestic violence, which may include acts of physical abuse, harassment, intimidation, and more. A judge can issue an emergency order of protection after hearing testimony from the petitioner. The respondent does not need to be present at an emergency order of protection hearing, but they will be required to follow the terms of any orders issued by the court. An emergency order will typically last for two to three weeks. While the order is in effect, the respondent will be prohibited from taking certain actions.
To determine whether long-term protection will be needed, the court will schedule a hearing to give the petitioner and the respondent (the person subject to the order) the opportunity to make a case for or against an order of protection. If the judge believes that the petitioner's claims are valid and that protection is needed, they can issue a plenary order of protection against the respondent, which may last for up to two years with the possibility of renewal. Keep in mind that a judge can impose a plenary order of protection even if the respondent does not attend the final hearing.
Orders of protection are important for preventing further harm to victims of abuse. Unfortunately, however, false allegations are often weaponized against innocent people. If you are the respondent of an emergency order of protection, or if you need to defend against a plenary order of protection, it is important that you seek representation from a skilled criminal defense lawyer.
What Can a Protective Order Stop Me From Doing?
An emergency order of protection can prohibit you from taking certain actions, such as:
- Committing acts of domestic violence against the petitioner
- Going near the petitioner in any location, including their home, school, or workplace
- Contacting the petitioner through any means, including phone calls, text messages, emails, or asking others to pass messages to them
You may also be required to give up any guns you own to law enforcement for the duration of the order.
If the judge grants a plenary order of protection, you could be ordered to undergo court-ordered counseling and reimburse the petitioner for any losses caused by the alleged abuse. An order of protection may put temporary child custody arrangements in place or require you to pay financial support to the petitioner. The judge has the discretion to impose other, more specific orders to prevent further harm from coming to the petitioner. Our lawyers can represent you at a hearing for a plenary order of protection, helping you stand up for your rights and avoid serious restrictions on your life.
Accused of Violating an Order of Protection? Call Us Today
If you have been served with an order of protection, be sure to read the terms of the order carefully. Even if you were not present when the petitioner requested an order of protection, you will be required to follow its terms while it is in effect. You could be arrested if you are accused of violating the order and charged with a Class A misdemeanor. Felony charges may apply if you have been convicted of violating an order of protection in the past.
Even if the petitioner reaches out to you first, making contact with them or going near them could constitute a violation of the court order. As such, it is crucial that you follow the order to the letter. If you are unsure about what counts as a violation, contact our firm for clarification.
Meet With a Cook County, IL Order of Protection Attorney
Getting served with an order of protection can be alarming. At Luisi Legal Group, we can defend your rights in front of a judge and help ensure compliance with the judge's orders. Our firm has successfully represented numerous clients in cases involving orders of protection, with many cases ending in dismissal. To schedule a free initial consultation, contact our Chicago order of protection lawyer or call 773-276-5541 today.