If you’ve been served with an order of protection, there’s a chance that you weren’t there when the first order was issued – the temporary order that lasts from 14 to 21 days. However, with that order, you likely received a court date that you must attend so a judge can determine whether to let the temporary order expire or to put a new, more permanent order in place. So what happens at an order of protection hearing in Illinois? Here’s what you need to know.
What Happens at an Order of Protection Hearing in Illinois?
First things first: If you don’t show up in court and the person requesting an extension of your order of protection does show up, the judge will automatically issue a new order of protection against you. The order the judge issues at this hearing may last for up to two years.
When you go to court, it may be a good idea to bring an attorney with you. An order of protection is a civil matter – even if it’s part of criminal charges (such as domestic battery, aggravated domestic battery or stalking).
In court, the accuser will have a chance to explain why they believe an order of protection is necessary. Accusers have the right to an attorney – just like you do – and sometimes the attorney will be the one doing the talking. After your accuser is finished explaining their side of the story, it’s your turn (or your attorney’s turn) to speak.
The judge in your case will hear both sides of your story. After you’ve both had a chance to explain and argue your cases, the judge will make a decision in the case. Judges may issue their decisions right away, or they may take some time; in some cases, it takes weeks for a judge to reach a decision on an order of protection. If it’s going to take the judge longer than one sitting to make a decision, the accuser may ask for an extension on the existing order; typically, judges grant the extension because they want to keep people safe, just in case.
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.