When someone claims to be a victim of domestic violence, Illinois takes those claims seriously and responds swiftly. A restraining order, officially called an order of protection, can be issued against the person being accused, which might legally keep them out of their home without a solution for where they can spend the night.
When accusations are especially severe, the court can even issue an emergency order of protection almost immediately, without a long court process and without giving the accused an opportunity to tell his side of the story. Unfortunately, this swift handling of cases meant to protect victims of domestic abuse can be exploited.
If you are falsely accused of domestic violence and are being kept out of your own home and away from your children as the result of an emergency order of protection, speak with a knowledgeable Kane County, IL family law attorney who can guide you as you navigate this painful situation.