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How to respond to a possible restraining order

On Behalf of | May 13, 2020 | Blog, Criminal Defense

If an individual is facing allegations of domestic abuse, that person may be subject to a restraining order. However, being subject to such an order doesn’t actually mean that a person has done anything wrong. Those who feel as if they have been unfairly accused of a crime may want to dispute the order in an Illinois court. The first step in successfully disputing a restraining order is to show up for all scheduled court hearings.

In the event that an alleged abuser fails to appear in court, a default judgment will be issued in favor of the person making the allegations. Furthermore, it is important for an individual to file a response to the allegations or have an attorney file a response on his or her behalf. Ideally, those who are facing abuse allegations will bring evidence to court that supports their version of events.

For instance, it may be possible to use phone records to show that a person never called the alleged victim. Individuals are encouraged to bring three copies of any documents that they plan to enter into evidence. One copy will be retained for an individual’s records while the other copies go to the judge and the accuser. In the event that a temporary restraining order is granted, individuals should abide by its terms.

Those who are facing domestic violence charges may benefit from hiring an attorney to help with their cases. An attorney may be able to help a person dispute a restraining order or have a domestic abuse case dismissed entirely. This might be done by introducing text messages containing statements made by the alleged victim indicating that the defendant did not harass or abuse a family member or romantic partner.


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