Can an Order of Protection Prevent You From Seeing Your Family?

In the state of Illinois, judges can issue orders of protection. These orders are designed to protect the victims of crimes from the people who allegedly committed the crimes against them. But can an order of protection prevent you from seeing your family? In many cases, yes – and this guide explains. 

A judge can issue an order of protection against you if someone claims that you’ve committed domestic battery against them. That means if your spouse says you hit them, they can go to court and ask the judge for an order of protection against you. 

In the order of protection (which is sometimes called a restraining order), the judge can specify that you’re not allowed to have any contact with the alleged victim. The judge can also specify that you’re not allowed to go to your own home – and if that’s where your kids are, that may mean the order of protection prevents you from seeing your family. 

Note: The judge might even include your children on the order of protection. If that happens, that means you can’t see your kids, even if they’re at your parents’ house or with a friend who’s willing to let you see them. 

Related: Will an order of protection go on your criminal record in Illinois?

What Happens if You Violate an Order of Protection?

An order of protection is a lawful court order. You’re required to follow its instructions – even if they prevent you from seeing your family. If you violate an order of protection, the police can pick you up and take you to jail. There’s a good chance that the judge won’t take too kindly to you ignoring the order, and you could find yourself spending up to a year in jail over it.

Do You Need to Talk to an Attorney About Domestic Battery Defense?

If you need to talk to a domestic battery defense attorney in Illinois, we’re here to help. Call us at 847-920-4540 now – we’ll be happy to give you a free consultation and talk to you about your options.

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