Can I Appeal an Order of Protection Taken Out Against Me?

 Posted on October 05, 2023 in Family Law

In the State of Illinois, accusations of domestic violence and abuse are taken extremely seriously by the courts. There are various steps victims of abuse can take to try to protect themselves and their children. An Order of Protection, commonly known as a restraining order, can be granted by the court to prohibit the alleged abuser from doing things such as physically going somewhere - in this case, their home. An Emergency Order of Protection is a specific type of protective order that can be granted almost immediately.

It is great that the local authorities will do whatever they can to protect the victims of abuse. Unfortunately, some people take advantage of these procedures and falsely accuse their spouse of abuse for their own gain. If you have been falsely accused of abuse and have an Emergency Order of Protection that is keeping you from seeing your children, an experienced Kane County, IL divorce lawyer can help guide you through this delicate and painful situation.

How Can I Respond to an Emergency Order of Protection?

When someone makes claims of domestic abuse, the court will need to go through a full procedure to determine whether there are grounds for issuing an Order of Protection. However, an accuser’s testimony alone can often be enough for a court to issue an Emergency Order of Protection (EOP), which will take effect immediately. It will serve as a temporary order until both spouses can argue their case and allow the court to make a final decision. When an EOP is issued, the accused spouse will receive information including:

• Areas they may not go to

• The distance they need to stay away from certain places or people

• A future court date where they will be able to make their case

• The date when the order is set to expire

When you receive this notice, you need to be sure to read through it clearly and then immediately follow whatever is written inside. If you believe that you are a victim of false accusations and you are being unfairly kept away from your children, there are ways for you to respond to an EOP. 

First, you can petition the court for an earlier court date than what you were assigned to try to get things resolved more quickly.

You have the option of not showing up to court, but if you do not, the order of protection will be decided without you there and will likely grant whatever your accuser is asking for. If you do decide to appear on your court date, you will have a chance to explain your side of the story.

Contact a St. Charles, IL Order of Protection Lawyer

If your spouse has falsely accused you of abuse and now you are being kept away from your children unfairly, a knowledgeable Kane County, IL divorce attorney will be able to offer insight and understanding during this painful experience. Call Goostree Law Group at 630-584-4800 today to schedule a free consultation.