Aurora Order of Protection Defense Lawyer
About Orders of Protection and how they will affect your Domestic Battery Case.
An order of protection is a court order that is designed to stop violent and harassing behavior and to protect you and your family from an alleged abuser. Orders of protection may also be called protection orders. They offer civil legal protection from domestic violence to both female and male victims, as well as to minors.
A Violation of an Order of Protection is a Class A misdemeanor, and is punishable by up to one year in jail with fines and cost of $2,500.00 or both. An order of protection is a civil remedy and is usually accompanied by a pending Domestic Battery case. If you have an Order of Protection issued against you, this Order of Protection will appear on your criminal history. Further, if you have a Firearms Owner's Identification Card (FOID), an Order of Protection issued against you will result in the cancellation of your FOID card or its surrender.
An Order of Protection operates independently from the accompanying criminal Domestic Battery case. The Petitioner in an Order of Protection case, may ask for protection from an alleged abuser, exclusive possession of a home, stay-away order, and can also include protection for minor children as well. The Petitioner can elect to vacate his/her Order of Protection at any time by filing a proper motion before the court. However, the same cannot be said for the criminal charge of Domestic Battery or Aggravated Domestic Battery. In Domestic Battery cases, the alleged offense is stated to have occurred against the "People of the State of Illinois" and even if the alleged victim wants the Domestic Battery charges dismissed, the State may elect to continue the prosecution with a reluctant witness.
Types of Orders of Protection:
There are three types of Orders of Protection in Illinois
- (a) Emergency Order of Protection: This Order may be obtained without the other party present and its duration can be as short as 14 days or as long as 21 days, or until a hearing is held to determine whether an interim or plenary order of protection should be entered.
- (b) Interim Order of Protection: This Order is usually obtained following a hearing and its duration is effective for up to 30 days.
- (c) Plenary Order of Protection: This Order is usually obtained following a hearing and its duration is effective for up to two years. Once the two years has terminated, the protected party may seek its renewal.
Contact an Order of Protection Defense Attorney
If you have an Order of Protection issued against you, there may be serious consequences that you did not anticipate after entry of such an order. You may no longer be able to live in your own home, you may lose your FOID card, or you may lose your job. Further, if children are involved, you may not be able to lawfully see your children unless a visitation schedule is set forth in the Order of Protection. An experienced Order of Protection Attorney can evaluate your case and can fight against the issuance of an Order of Protection. On the other hand, if you choose not to fight the Order of Protection, an experienced Order of Protection attorney can modify the terms so that you may be able to secure your possessions and see your children without the anxiety of violating a court order. I understand that you are going through a difficult time with your family and I want to protect your interests as well as your parenting time. I have nearly ten years of experience in Orders of Protection litigation and I want to use my knowledge and expertise to secure the best possible results in your case.
To contact an Order of Protection Defense Attorney at the Law Offices of David Lee, Please call:
The Law Offices of David Lee is available in Kane, Kendall, Dupage and Dekalb Counties.