False Allegations in a Petition for Order of Protection

September 12th, 2024 by Tiffany Hughes

In the realm of legal proceedings, particularly those concerning protection orders, transparency and honesty are paramount. However, what happens when false statements are made in a Petition for an Order of Protection in Illinois? The legal ramifications of an untrue order of protection can be severe, affecting not only the respondent but also the integrity of the legal system itself.

What is an Order of Protection in Illinois?

In Illinois, an Order of Protection is a legal tool designed to shield individuals from abusive or harassing behavior. It can be sought by victims of domestic violence, stalking, or other forms of abuse, either in a divorce or otherwise. Orders of Protection, once granted, may enforce restrictions on the respondent’s actions, such as prohibiting contact with the petitioner or requiring the respondent to vacate a shared residence.

The Significance of Truthfulness

The process of obtaining an Order of Protection begins with the petitioner filing a petition detailing the alleged abuse or harassment. Truthfulness in these petitions is not only ethically imperative but legally mandated. Making false statements in such petitions can constitute perjury in an order of protection, a criminal offense punishable by fines and even imprisonment under Illinois law.

“Untrue statements. Allegations and denials, made without reasonable cause and found to be untrue, shall subject the party pleading them to the payment of reasonable expenses actually incurred by the other party by reason of the untrue pleading, together with a reasonable attorney’s fee, to be summarily taxed by the court upon motion made within 30 days of the judgment or dismissal, as provided in Supreme Court Rule 137.” 750 ILCS 60/266

Legal Ramifications of an Untrue Order of Protection

If it is discovered that a petitioner has made false statements in their Petition for an Order of Protection, the consequences can be severe. Beyond potential criminal charges for perjury in an order of protection, the order of protection itself may be invalidated. Additionally, the petitioner’s credibility in future legal proceedings, such as custody battles or divorce in Illinois, may be seriously undermined. Moreover, the respondent may seek remedies against the petitioner for any damages incurred as a result of the false allegations.

If you are successful in proving false allegations in an order of protection in Illinois, you may be able to petition the state to prosecute them for their perjury in an order of protection:

“The court may direct that a copy of an order entered under this Section be provided to the State’s Attorney so that he or she may determine whether to prosecute for perjury.” 750 ILCS 60/266

How Do I Prove an Order of Protection is False?

Despite the legal repercussions, proving false allegations in petitions for Orders of Protection in Illinois can be challenging, but not unsurmountable. The burden of proof is on the petitioner to establish by preponderance of the evidence that the allegations are true, however if the petitioner is unable to establish that it is more likely than not that the allegations are true or the respondent can demonstrate the falsehood of the petitioner’s claims, the requirements for an order of protection will not be met. The difficulty in proving false allegations can be particularly arduous in cases where evidence is scarce or when the allegations are difficult to disprove.

However, once you prove the petitioner was lying in an order of protection, you can request attorney’s fees. To establish liability for attorney’s fees due to untrue statements in a Petition for Order Of Protection in Illinois, two conditions must be met: 1) the statements were made “without reasonable cause” and 2) they are found to be untrue.

Merely proving false allegations does not suffice to receive attorney’s fees from the petitioner. The false allegations must also be found to be unreasonable when they were initially made. The individual accused of lying in an order of protection can argue, “I genuinely believed those allegations were true at the time, and here are the reasons why.” This is why it’s essential to have an attorney who can effectively argue on your behalf to prove these statements were false, remained false, and were made “without reasonable cause”.

Protecting the Integrity of the Legal System

Perjury in an Order of Protection not only jeopardizes the rights of the respondent but also undermines the integrity of the legal system. It is imperative that individuals understand the gravity of making false allegations and the impact it can have on all parties involved.

Lying in an order of protection in Illinois is not only unethical but also illegal. The legal ramifications of an untrue order of protection extend beyond the immediate case, affecting the credibility of the petitioner in this case and any future court cases and the integrity of the legal system as a whole. It is essential for all parties involved to uphold truthfulness and honesty throughout the legal process to ensure that justice is served fairly and equitably.

Need More Information or Representation?

If you are looking to obtain an order of protection, are trying to defend yourself against false allegations in an order of protection, or are looking to file for divorce in Illinois, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone who is getting a divorce in Illinois, obtaining an order of protection in Illinois, defending against perjury and lying in an order of protection, would like to discuss the legal ramification of an untrue order of protection, would like to learn more about proving false allegations in an order of protection, or anyone looking for representation to help prove that the order of protection allegations were false and without reasonable cause.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.