My Wife Got a Restraining Order Against Me. How Can I Fight It? | IL

 Posted on September 11,2024 in Order of Protection

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. 

Responding to an Emergency Order of Protection

Anytime someone comes forward claiming to be a victim of domestic abuse, it triggers a serious procedure to investigate the claims and decide whether an order of protection needs to be issued. Sometimes, the accuser’s testimony is deemed enough for an Emergency Order of Protection (EOP) to be issued. While it is only temporary, it is still a significant measure that legally restricts the accused in many areas of life and does not require a full investigation of the claims.

When you are issued an EOP, you are given detailed information including:

• Places where you are not allowed to go

• The distance you need to maintain from the places listed above

• Your court date where you can make your case

• The order’s expiration date.

Read the order carefully when you get it, to make sure you comply with every condition included. Even if you were falsely accused and you want to do everything in your power to get back home to your children, you could face serious legal consequences for violating the EOP.

Instead, you can petition the court to move your court date up so you can resolve this issue quickly. Whenever the court date is, make sure to consult with an experienced lawyer who can advise you on how best to represent your side of the story. It is your chance to offer an alternative narrative; getting the emergency order of protection removed depends on convincing the court that your wife’s version of events is incorrect. 

Schedule a Free Consultation with a Kane County, IL Family Law Attorney

If you have been issued an EOP because of false accusations, speak with a seasoned St. Charles, IL order of protection lawyer to understand your options. At Goostree Law Group, we are passionate about helping families navigate sensitive and painful situations and we will fight aggressively so that justice can be served. Call us at 630-584-4800 to schedule a free consultation.