If you’ve been served with an order of protection in Illinois, you most likely want to get it dismissed – after all, an order of protection can prevent you from seeing your kids, entering your own home, keeping your firearms and a wide range of other things. But can you get an order of protection dismissed in Illinois? This guide explains.
How Do I Get an Order of Protection Dismissed in Illinois?
First things first: If someone has gotten an order of protection against you, you may want to talk to a domestic battery defense lawyer who understands these orders and how they can negatively affect your life.
When someone takes out a restraining order against you, you’re entitled to a court hearing. You can explain your side of the story at that hearing. (And make no mistake: You have to go to the hearing. If you don’t, the judge may enter a plenary order against you, and that can last for up to two years.)
At your hearing, you can present evidence to the court that shows why you shouldn’t have an order of protection against you. You may bring in witnesses, share recordings or documents that support your claim, and explain yourself. (Your lawyer will give you the guidance you need for this part of the process.)
The judge will look at your evidence and consider the petitioner’s reason for taking out an order of protection against you in the first place. The judge will then decide whether to make your restraining order last longer or simply let it expire.
If the judge keeps the order in place, you may be able to appeal. Again, your attorney can help you with this part of the process. Your lawyer will advise you on what to do next. If the next judge agrees with your appeal, the order of protection will be dismissed and you can go about your normal life.
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.