Chicago Protective Order Attorneys

Defense for an Order of Protection

A Protective Order is a directive issued in court by a Judge that commands the Respondent (the subject of the order) to refrain from doing certain things. It generally includes staying away from the other person who asked for the order, known as the Petitioner. But it can also include an order to stay away from the Petitioner's children, parents, sisters, brothers, or other family. Or it may allow contact with any or all of these people but within certain strict guidelines, such as when supervised by a third party, during certain hours or on certain days. It may regulate where the Respondent may not go, such as to the Petitioner's place of business, home or school. It can even deal with such questions as whether the Respondent can have access to a particular apartment, automobile or even pet dog. There are a great many acceptable subjects that a Judge may address in an Order of Protection.

Petitioner and Respondent

A Petitioner who requests of the Court an order of protection or another similar order called a Stalking No Contact Order is generally concerned with personal safety. Whether the person has been beaten, threatened, assaulted, or is being followed on the streets or on the internet, one of these orders will generally offer some protection if granted by a Judge. Of course, no order or document can ever truly protect someone, but it is hoped that the granting of such an order will keep the Respondent in line, although often times it will be ignored by the Respondent and it will be necessary to involve the police. Usually, the Petitioner will request an Emergency Order, which if proper proof is offered to the Judge, allows an order to issue (for a short period of time) without notice to the other party. If the Petitioner is seeking long term protection (called a Plenary Order) however, it is necessary to serve the Respondent to inform him of the following court date as it would be unfair to proceed without the other party being aware of the proceedings.

Contact a Chicago Protective Order Lawyer at Mitchell S. Sexner & Associates LLC

Although these orders were created as a shield to protect people from harm, the unfortunate reality is that many people use them as a sword to harm others. Whether as part of a divorce proceeding, a child custody fight, a domestic battery case or after an unfriendly romantic split, it is far too easy for a Petitioner to lie in order to get such an order.

Regardless of the circumstances, Mitchell S. Sexner & Associates LLC is experienced at defending these orders. Proceedings are considered civil, not criminal in nature, so certain rules apply that are different than those used in criminal proceedings. Call us any time at (312) 644-0444 or (800) 996-4824 to discuss how our knowledgeable Chicago criminal lawyers can assist you.

 

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