How to Fight an Order of Protection in Illinois: A Complete Legal Guide

Being served with an order of protection can be frightening, leaving you stressed about the implications on your everyday life, family relationships, and future opportunities. It is important to understand that you do have the legal right to challenge an order of protection. Understanding how to fight an order of protection in Illinois can help you take the right steps now to protect yourself from the heavy consequences an order of protection can bring.

Understanding Orders of Protection in Illinois

An order of protection is a court order issued under the Illinois Domestic Violence Act. These orders are put in place to protect individuals who have faced abuse or other threatening behaviors from family or household members. Orders of protection make up 3.82% of all cases filed.

An order of protection can require you to have no contact with the individual who petitioned for the order, stay away from certain locations, move out of a shared home, surrender firearms, and comply with other court-ordered conditions. Additionally, an order of protection case often happens alongside a criminal case that can result in penalties such as imprisonment, fines, or a permanent criminal record.

A petition for an order of protection is typically filed by the victim with their County’s Circuit Court Clerk, such as the Madison Circuit Clerk at 155 N. Main Street in Edwardsville. Many victims of Domestic Violence also turn to the Illinois Domestic Violence Hotline to begin a case, which helped 872 individuals file orders of protection.

Why You Should Hire an Order of Protection Lawyer

An experienced order of protection lawyer understands the order of protection laws that apply to your case and can help you navigate the court process. It is easy to feel overwhelmed by this process, but coming prepared to a hearing is essential when challenging an order of protection. A lawyer can organize evidence and prepare arguments to use in court based on the available evidence and applicable laws.

Creating a Defense in an Order of Protection Case

Successfully challenging an order of protection requires strong evidence and thorough preparation. Because each case is different, it is important to work with an Illinois order of protection attorney who can help you craft a customized defense strategy.

Gathering and analyzing evidence is key to creating a strong defense. Some of the most common types of evidence used in these cases include:

• Text messages
• Emails
• Social media messages and posts
• Photographs
• Security camera footage
• GPS records
• Medical records
• Witness statements

Based on the evidence and the specific facts of your case, you can then begin building a defense. Often, a defense is created by presenting evidence to disprove the other party’s claims, identifying weaknesses in the other party’s evidence, or identifying procedural errors in your case. Illinois order of protection laws allow victims to use a variety of defense methods, such as claiming:

• The alleged conduct never occurred.
• There is insufficient evidence to prove your guilt.
• You acted in self-defense.
• The allegations are false.
• That you are not a family or household member of the victim.

Tips to Remember When Challenging an Order of Protection Case

If you are defending against an order of protection, there are several important things to remember. Keeping these tips in mind during the case can help you avoid mistakes that may make it more difficult to defend yourself or even result in criminal charges. During your case:

• Be sure to follow any emergency orders of protection
• Preserve copies of all relevant evidence, such as text messages or social media posts
• Take note of all court dates and arrive on time
• Avoid discussing the case on social media

If you hire an order of protection lawyer, they can help you avoid critical errors while prioritizing essential steps of your case.

FAQs

How Do You Get an Order of Protection Dropped in Illinois?

An order of protection can be dropped if the petitioner cannot prove the allegations are true, fails to appear in court, or withdraws the petition. To pursue dismissal, you can challenge the petition by presenting evidence, identifying inconsistencies in the allegations, or proving that the legal requirements for an order of protection have been met. Ultimately, a judge has discretion over whether a case is dismissed or not.

How Can a Protective Order Impact Your Life?

A protective order can have several negative impacts on your life, such as limiting your parenting time, being used against you in future custody cases, limiting employment and housing opportunities, restricting your ability to possess or buy firearms, and damaging your reputation. Because of these negative impacts, it is important to work with an Illinois order of protection attorney to defend against an order of protection.

What Happens if You Violate an Order of Protection?

If you violate an order of protection, you can face criminal charges. If convicted, you may face a minimum of 24 hours’ imprisonment, fines, and a permanent criminal record. To avoid these penalties, you should comply with all existing court orders, including emergency orders put in place while an order of protection case is ongoing. You may still face penalties for violating a court order if it is later proven that the allegations were false.

What Happens at an Illinois Order of Protection Hearing?

At an Illinois order of protection hearing, a judge can hear arguments from both sides before deciding whether an order of protection should be filed. A judge can review the evidence and decide to deny the petition, dismiss the case, or file an order of protection. If filing an order of protection, a judge may also use evidence from the hearing to impose specific restrictions.

Learn How The Law Office of Jessica Koester, LLC, Can Help

With decades of experience, skilled Illinois order of protection attorney Jessica Koester has helped countless individuals defend against orders of protection. When working with The Law Office of Jessica Koester, LLC, you can expect constant guidance, answers to your questions, and a strategic defense to help you challenge these orders effectively.

If you are facing an unfair or false order of protection, contact The Law Office of Jessica Koester, LLC. We provide free initial consultations so you can feel confident in how we can help you defend yourself.