Gurnee Orders of Protection Lawyer

Legal Help With Protective Orders in Illinois

Orders of protection are meant to be used to keep victims of domestic violence safe. The intent behind these orders is to prevent an abuser from returning to the victim's home, school, or workplace, contacting the victim, or engaging in behaviors that could threaten the safety of the victim or their loved ones. An order of protection has the force of law - you can be arrested and charged with a crime for violating one. One major issue with orders of protection is that they frequently bar the alleged offender from their own residence. It comes as a shock to many that they can be ordered out of their own home at a moment's notice without being given any opportunity to defend themselves.

At Brady Cole Trial Lawyers, we understand the frustration and fear that often comes with being the subject of a protective order. There is a great deal of uncertainty involved in these cases, especially if you are also facing criminal charges. Our experienced team of lawyers can help you with both your criminal charges and a restraining order that was issued against you. We can also help those who have been served with civil protective orders defend themselves in court hearings and legal proceedings.

Steps to Take After Being Served an Order of Protection

Whether the order of protection is criminal or civil in nature, it carries the same force of law. If you violate it, you can be charged with a crime. This means that you may not physically go to any locations listed on the order, which will generally include the alleged victim's home, school, or workplace, as well as their children's schools. Even if the home you shared with the alleged victim is entirely in your name, they may be granted temporary exclusive possession of the residence.

It is important to note that the victim has no legal authority to cancel a restraining order or modify its terms. Even if they contact you and ask you to come home, you will be prohibited from communicating with them, and you will also be bound by any other terms that were put in place by the order of protection.

While an order of protection is in effect, you will be prohibited from contacting the alleged victim in any way. Do not call or text them. Do not leave a note for them. Do not send them a message on social media or even "like" one of their posts. Attempting to dodge these requirements by using a third party, like a mutual friend, to pass on a message can be considered a violation. If there is an absolutely essential message you must pass on, an attorney can help you do so without violating the terms of the order.

Your order may also bar you from possessing firearms or other weapons and from using illicit drugs or alcohol. If these terms are present in your order, it is important to comply.

Civil vs. Criminal Orders of Protection

Protective orders often accompany domestic violence arrests, and they may sometimes be issued even over the objections of the alleged victim. Restraining orders may remain in effect until your charges have been resolved. Brady Cole Trial Lawyers is highly skilled in defending people who have been accused of domestic battery and related offenses. Should we succeed in having your charges dismissed or securing an acquittal at trial, the criminal protective order will most likely be dropped - although there is a chance that the victim may still attempt to gain a civil protection order.

If you were going about your day when you were served with the order, but were not arrested, you are likely the subject of a civil order of protection. Civil protection orders can be easier to overcome in that you are entitled to a prompt hearing, and you are entitled to have an attorney present to defend you. However, the burden of proof is lower at these hearings. At a criminal trial, your guilt must be proven beyond a reasonable doubt. At a civil hearing, the petitioner must only show that it is more likely than not that you committed the alleged act of violence that prompted them to pursue a restraining order.

In either event, it is critical to have an attorney representing you to give you the best chance of beating the order of protection.

Contact a Waukegan Order of Protection Attorney

Brady Cole Trial Lawyers is experienced in helping those who have become the subject of a restraining order. We can represent you at a civil hearing or help you fight criminal charges associated with a protective order. For a free consultation, please contact us at 847-752-9639.