Responding to Orders of Protection

February 27th, 2020 by Tiffany Hughes

If you receive an order of protection in court, in the mail, or in-person that contains false accusations, do not panic. You are able to respond to the order of protection and seek to have it dismissed. An order of protection is an order issued by the court that can prohibit a person from seeing, visiting, or communicating with a particular person and even people associated with that particular person. When you receive notice of the order of protection, you will also receive a form with instructions and a deadline to properly respond, which is usually a short timeframe. It is important to follow the instructions immediately and contact an attorney. The attorneys at The Law Office of Tiffany Hughes have vast experience in responding to orders of protection and contesting the order of protection in court.

Types of Orders of Protection

There are three types of orders of protection in Illinois:

  • Emergency Order of Protection: Emergency orders are typically issued after a hearing that you did not receive notice of, as the person requesting the order of protection claimed to the Judge that there was a high risk of harm to him/her if you knew about the hearing. This order typically lasts between 14 to 21 days. The Judge will set a second hearing date, listed on the notice you received, that you must attend if you want to contest the order of protection.
  • Interim Order of Protection: Interim orders are typically issued to extend the Emergency Order of Protection by up to 30 days, in the event the second hearing could not be scheduled in enough time. You are required to receive notice of the scheduled second hearing.
  • Plenary Order of Protection: Plenary orders are typically issued after a hearing where both parties presented their evidence and the person seeking the order proved their case. If you did not show up for this hearing, then the plenary order of protection was automatically issued. Plenary orders can last for up to two years.

Contesting An Order of Protection

If you received an order of protection where someone is making false accusations against you, do not attempt to communicate with the person seeking the order of protection, and call an attorney to defend you in court. The attorneys at The Law Office of Tiffany M. Hughes help people facing false allegations of domestic abuse, child abuse, neglect and any other type of domestic violence in Cook County, DuPage County, Lake County, Will County, or McHenry County, Our skilled legal team is dedicated to obtaining the best possible results for our clients. Contact the family law attorneys at The Law Office of Tiffany M. Hughes, P.C. today to schedule your complementary phone consultation at 773-893-0228.

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 free consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.

 

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