The State of Illinois takes accusations of domestic violence very seriously. Anyone who issues a complaint can be granted an Order of Protection, or a restraining order, which will have legal authority to demand that the alleged abuser stays away from the alleged victim. If danger seems imminent, an almost automatic process can grant an Emergency Order of Protection.
While it is wonderful that these accusations are taken so seriously and can be dealt with so quickly, false accusations are sometimes made and the accused party can suffer unnecessarily. If you believe you have been wrongfully accused of domestic violence and you want to see your children, an experienced DuPage County, IL divorce lawyer can assist you by compassionately ensuring that your rights are protected.
How Should I Respond to an Emergency Order of Protection?
As soon as a domestic abuse claim is made, a court procedure is initiated to decide whether there are reasonable grounds for an Order of Protection. In some cases, the court will investigate the claims exhaustively but in other cases, testimony from an accuser is sufficient for an Emergency Order of Protection (EOP). When this is granted, the restraining order takes effect immediately. At that point, the accused spouse will receive a notice that includes important information like:
- Places where they are not allowed to go
- A court date when they can go and present their case
- The minimum distance they can physically be from specific people or places
- The expiration date for the order
As soon as notice of an Order of Protection is received, the accused spouse has to read through all the information and make sure to abide by whatever is stated, even if they know they have been falsely accused.
What if I Have Been Falsely Accused?
If you have been served notice about an Order of Protection and you are convinced this was due to a false accusation of domestic violence or abuse, you can petition the court for an earlier date so you can try to get it resolved quicker.
Whenever you do have your day in court, you will be able to argue your case, showing what happened or did not happen from your perspective.
The court will then take into consideration what they heard from both sides and whatever evidence was offered and will make a decision on whether there are reasonable grounds to keep you removed from your children or to nullify the Order of Protection.
Regardless of what happens in the court proceedings, it is important to follow whatever is stipulated in the Order of Protection. Even if you are convinced beyond a shadow of a doubt that you have never done anything that could be interpreted as domestic violence, you can not violate an Order of Protection without serious legal consequences, so it is best to follow what is written and argue your case on your appointed court date.
Schedule a Free Consultation with a Wheaton, IL, Divorce Attorney
If you have been falsely accused of domestic abuse, it can be extremely difficult for you to deal with. It can affect your mental health, your relationship with your children, your professional future, and more. You can not just let this happen to you. A knowledgeable DuPage County, IL, divorce lawyer can explain what you need to know so you can start on your path of defending your rights. Call [[title]] at [[phone]] to schedule a free consultation.