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Could someone appeal a restraining order?

On Behalf of | Jan 15, 2021 | Criminal Defense

When concerned about personal safety, someone may seek a restraining order against another person. The ability to procure a restraining order in Illinois courts may prove valuable to the individual who feels threatened. However, what happens when someone gets a restraining order under false pretenses? The subject of the restraining order has rights too. Among those rights is the ability to appeal the protective order.

The initial hearing phase

A court hearing determines whether a restraining order receives an approval or denial. Before delivering any judgments on the official restraining order, the court would likely issue a temporary restraining order. The person who receives the notice is then afforded a chance to respond in court.

Representing oneself during the hearing could turn out to be a significant mistake because the person named in the restraining order may lack an understanding of how the process works. As a result, he or she might not be able to provide the necessary evidence in court to refute the claims made by the person seeking the restraining order.

Temperament also counts during the hearing. For this reason, allowing an attorney to address the court may be beneficial.

Appealing the restraining order

If the court grants the petitioner’s restraining order, Illinois law maintains a formal process for filing an appeal. Be aware that it is possible to appeal a temporary restraining order as well. An attorney may put the necessary paperwork and appropriate evidence together to file the appeal promptly. However, there are time limitations to file the appeal. It’s important to remember that violating a restraining order could lead to an arrest, followed by a fine and possible jail time.

Individuals who believe they’ve been subject to domestic violence may file a restraining order, but the subject of the order has the right to appeal. Hiring a defense attorney to handle the appeal procedure is recommended.


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