Callahan & Hockemeyer
Callahan & Hockemeyer
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Illinois Orders of Protection Defense Attorneys

The Palatine protection order attorneys at Callahan & Hockemeyer have worked with countless domestic violence clients in Northern Illinois, helping them rebut false accusations and block orders of protection.

If you’re dealing with protection orders that are unwarranted or based on fabricated stories, call Callahan & Hockemeyer at 847-543-6910.

What Are Orders of Protection?

Orders of protection are common in domestic violence cases in Illinois. When the alleged victim expresses that he or she fears for his or her own personal safety or the safety of any children, the courts can issue these orders to prohibit the defendant from having any contact with that person or the children for a set period of time. This includes phone calls, texts, emails, and third-party communication. In many cases, the family member who claims to be a victim is given possession of the home, the cars, and custody of the children. Supervised or restricted visitation is also common.

How Orders of Protection Are Obtained

Although some protection orders are truly warranted, many are not. The court system is lax with granting orders of protection and as a result, many orders are issued when stories are fabricated and protection is unnecessary.

To obtain orders of protection in Illinois, the petitioner must go to the Circuit Court and file a petition. A civil domestic violence judge will review the information and he or she can either deny the motion, grant temporary orders of protection in emergencies, and/or schedule a hearing.

There are a number of reasons the judge might deny the motion. If the parties do not qualify as family or household members, the alleged actions do not meet the definition of abuse, or the alleged victim’s story does not add up, the motion will not be granted.

The judge does not need your response before granting a motion for temporary emergency protection orders. In fact, respondents rarely know about emergency orders until after they have been issued. However, these orders are generally only valid for approximately 21 days. To avoid plenary orders of protection, which can last two years or more, you will need to appear in court – sometimes multiple times.

Who Can Obtain Orders of Protection?

Orders of protection can only be obtained by or on behalf of family or household members in Illinois. However, the state is very liberal with its definition of family member. Under the Illinois Domestic Violence Act, family or household member is defined as:

  • Your spouse, former spouse, children and stepchildren, parents, siblings, and anyone else related by blood or connected by a current or past marriage.
  • Anyone with whom you have a child or share a blood relationship through a child.
  • Anyone with whom you are or were in a romantic relationship including girlfriends, boyfriends, and fiances.
  • People with disabilities and their caregivers.
  • People who reside with you and those you have resided with in the past.

Orders of Protection Violations in Illinois

Even though orders of protection are civil matters, violations can result in serious repercussions. These can include:

  • Contempt of court charges that may be accompanied by jail time
  • Criminal conviction, which could also result in jail time and fines
  • Eviction
  • Loss of parental rights
  • Job loss

What to Do if You Are Served with Orders of Protection

If you are served with orders of protection, the documents you receive should explain the claims against you and the terms of the orders. You may be ordered to stop contacting the accuser, stay away from your home, leave your family vehicle with the alleged victim if he or she is your spouse, and even stop seeing your children. Fortunately, the initial orders are only temporary. Your notification will include a hearing date, usually within just a couple of weeks. During the hearing, you will be given a chance to tell your side of the story.

The first thing you should do when you receive the orders is read them and make sure you understand the restrictions imposed upon you.  Do not violate the orders even if they were obtained by false testimony.

Next, you should contact our orders of protection defense attorneys. Our team will explain your rights and your legal options. We will help you gather evidence that relates to the incident(s) in the petition, assemble documentation, and contact witnesses. If the petition is based on false accusations, evidence like phone records, GPS, and witness statements can help us achieve a favorable outcome.

We’re available 24/7
icon of Tracy Callahan
Tracy M. Callahan
Cell (773) 307-8593
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Robert W. Hockemeyer Jr.
Cell (815) 790-2520