What to Do If Someone Gets an Order of Protection Against You

 Posted on February 11,2022 in Domestic Violence

In Illinois, alleged victims of domestic violence, threats, abuse, or harassment may get an order of protection against the supposed abuser. If you recently found out that someone got an order of protection against you, you may be surprised and confused. You may not know what to do next. You may also be concerned about what will happen if you violate the terms of the protection order (either voluntarily or involuntarily). In a situation like this, it is highly recommended that you speak to a criminal defense attorney for help. Your lawyer can explain exactly what you are up against and what the next steps are.

Assert Your Right to Remain Silent

The first thing you need to know if you were accused of domestic violence or subjected to a protection order is that you have rights. Criminal defendants have the right to remain silent and avoid incriminating themselves. It is important that you take advantage of this right. If police try to interrogate you, you have the right to say nothing.

Understand the Terms of the Protection Order

Protection orders can be customized based on the situation. It is important that you understand and comply with the terms of the protection order. It can be extremely frustrating to be subject to a protection order – especially if the person who got the order against you is lying. However, violating a protection order is a criminal offense punishable by significant penalties, including jail time.

The order of protection may require you to:

• Refrain from calling, texting, emailing, direct messaging, or otherwise contacting the person who got the protection order against you (called the petitioner)
• Stay a certain distance away from the petitioner
• Stay a certain distance away from the petitioner’s family members
• Stay away from certain locations such as the petitioner’s home or workplace
• Stay away from your children
• Move out of your shared home with the petitioner
• Refrain from possessing firearms

Tell Your Side of the Story in Court

If the petitioner wishes to obtain a Plenary Order of Protection against you, he or she will need to attend a hearing and explain his or her reasons for seeking the protection order. This is also your opportunity to tell your side of the story and defend yourself against the accusations. Work with an attorney who can help you prepare for the hearing and advocate on your behalf during court.

Contact a DuPage County Criminal Defense Lawyer

If you were accused of domestic violence, contact Wheaton criminal defense attorney Stephen A. Brundage for help. Call 630-260-9647 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000600K214