09/19/2024
6 minutes of reading
© 2024 Ktenas Law LLC. All Rights Reserved
09/19/2024
6 minutes of reading
If you're estranged from a family member, roommate, or former spouse, you may find yourself in the middle of a legal battle. These situations can get expensive and may not only affect your finances but also your child visitation or custody rights, job security, and even your permanent record.
Many people who seek orders of protection are typically family members, roommates, or spouses claiming domestic violence. Unfortunately, since anyone can file for an order of protection, many of these cases in Chicago and Cook County are based on fabrications or are entirely unwarranted.
Our experienced criminal defense attorneys are here to help you navigate these challenging situations and ensure that your rights are protected.
The order of protection is a domestic violence case and hence it is a civil case rather than a criminal one. As such, the rights that you have are different than if these were criminal proceedings.
Nonetheless, the consequences of such a case are very similar to a criminal case, regardless of it being a civil case. If you learn that someone has been granted an order of protection or is seeking one against you, you need to find a skilled domestic violence lawyer instantly if you are to protect yourself.
Chicago Protection order attorney Alexander Ktenas has years of experience in the field having worked on hundreds of domestic violence cases over the years. He has helped many clients to rebut false accusations and block orders of protection.
Alexander Ktenas is a top criminal defense attorney in the Chicago area with a prosecutor background and experience litigating in Cook County Courts. Ktenas Law has multiple offices for your convenience in:
If you are interested in aggressive advocacy and top-class legal representation, call The Law Offices of Ktenas Law today at 312-800-1626 to get your free case evaluation.
While many people believe that it is only the physical striking of a spouse or a family member that constitutes domestic violence, under the law, domestic violence encompasses a wide range of non-physical abuse.
The Illinois Domestic Violence Act lists the following as constituting domestic violence:
This type of domestic violence is very different in that it only applies to family members and other persons in the household. Many of the abuses stated in the Illinois Domestic Violence Act will typically result in a criminal prosecution for the perpetrator. For example, striking your spouse or other family member qualifies as battery.
Breaking your wife's cell phone can qualify as the destruction of property. The relationship between the defendant and the victim is the basis for a charge of domestic violence. The Illinois Domestic Violence Act applies to:
If someone is seeking an order of protection against you, they need to visit the Circuit Court to file the petition for an Order of Protection. The petition is an informal request that is simply an assertion that they intend to file an order of protection against you. Most people will write down the alleged acts of domestic violence as well as your relationship history.
You are known as the respondent while the person filing the petition is known as the petitioner. If you have been watching a little bit of television, the restraining order is what is formally known as an Order of protection.
If someone seeking an order of protection against you files for an emergency order of protection, they can go in front of a judge and the judge will get to hear what that person is claiming without you even knowing about the case. If a Judge grants the Cook County emergency order of protection against you, then you will be served with the order and a formal hearing will be held.
Once a civil domestic violence judge receives a petition for an order of protection and review it, the judge will do one of three things:
If there is no legal basis for the petition, the judge will throw out the motion. This may happen if the judge believes the petitioner's story is falsified, or if the alleged acts cannot be deemed as abuse, or if the parties in the case are not household member or family under the Illinois Domestic Violence Act.
The judge will issue the emergency order of protection if he or she believes the situation qualifies as an emergency. However, these are typically temporary orders. Scheduled hearings may take weeks as the system is routinely bogged down with all kinds of cases.
The petitioner will get their emergency order of protection and thus will have instant relief as they wait for the date of the hearing to be scheduled. The judge can order an emergency order of protection even if you have not had a chance to respond to the petition or attend a hearing. As such, it is common for respondents to come to learn of an emergency order of protection order when they have already been issued.
Most of these orders will have an expiration date of between two to three weeks at most. If it is a fairly lengthy case, the judge could grant a temporary order of protection. With such an order, the petitioner can have peace of mind for up to a month while the court proceedings are conducted. The judge could routinely renew the interim protection order as long as the case is ongoing.
Once the case is concluded, the judge may grant a plenary order of protection once they have listened and considered the evidence presented. This granting of the petition is the final order and will typically be valid for up to two years.
Even as it is classified as civil order, violations carry some very real consequences for the offender. These may include:
Contact the Law Offices of Ktenas Law to get free advice the moment you learn that somebody is filing an Order of Protection petition against you. Our criminal defense law firm is on call 24/7. Call us at 312-800-1626 to get a free case review today!
