How to Respond to an Order of Protection
Domestic life is filled with ups and downs. Under the very worst conditions, disagreements between couples sometimes result in threats or acts of intimidation or violence, be they physical or verbal. This could result in one party obtaining an order of protection against the other, which is a court-issued order prohibiting those accused of violence from contacting and/or being near the alleged victims.
Three Types of Protection Orders
Generally speaking, there are three types of protection orders:
1. An Emergency Order of Protection provides immediate protection to domestic violence victims, and it may stay in effect until the hearing for a plenary order (which is protective order that lasts for a longer period of time). A hearing for a plenary order will take place within 14-21 days of being issued an emergency order of protection.
2. If a hearing for a plenary order is not held before an emergency order expires, the alleged victim can apply for an interim order. An interim order provides protection for up to 30 days.
3. A Plenary Order may last up to 2 years, but only if the accuser was previously served by the sheriff. It comes with a number of directives that the assailant or abuser must follow as laid out by the judge.
What to Do if You Are Served with an Order of Protection
No doubt your first reaction may be one of confusion or even anger. Here are a few steps to take should you receive an order of protection:
• Read the entire document thoroughly. You may even want to make notes on a separate pad about anything you see that doesn’t make sense or that you may wish to contest. Also, make note of the court date that appears on the order at which time you can contest the order.
• Consult an attorney. Seek the advice of a legal professional who understands order of protections and the laws involving them.
• DO NOT attempt to contact the other party in an attempt to “work things out.” Contacting the protected individual may be a direct violation of the order.You could find yourself under arrest and facing charges.
After meeting with an attorney you have some options :
1. Skip the court date. Yes, this is an option, but not a good one if you wish to contest the accusations made by the who secured the order against you. If you do not attend the hearing, a judge will rule based only on the word of your accuser.
2. Go to court and tell your side of the story. This could take a few hours of a few weeks, and the accuser may ask the judge to extend the order of protection against you. If this occurs, once again, it is important that you refrain from attempting to contact the other party either directly or even through an intermediary.
Know Your Rights with Help from an Experienced Joliet Defense Attorney
If you find yourself served with an order of protection from a friend, family member or co-worker it is important you know how to respond. The advice of a Illinois criminal defense attorney can make all the difference in how your case proceeds through the justice system. The Law Office of Jack L. Zaremba will provide the legal acumen necessary to respond and, if necessary, counter the accusations set forth in an order of protection.