Order of Protection Hearings

 Posted on July 03,2013 in Family Law

[caption id="attachment_459" align="alignleft"] A Kane County family law attorney can help you today if you´re facing abuse.[/caption] Unfortunately, abuse within a household is too common and often occurs between spouses. If a person abuses his or her spouse one time, then it is very likely that it will happen again. It is important for the abused to get out of the relationship and get protection from the abuser as soon as possible so that the abuse will be stopped for good. Orders of Protection are granted for a person if they fear for their safety from another person, and are sometimes known as restraining orders. There are different types of orders, depending on how quickly the order is needed, and for how long. Hearings for Orders of Protection are held just as any other court case. The accuser speaks first, explaining why the order is needed, then the alleged abuser has an opportunity to defend himself or herself. The judge then decides whether or not an Order of Protection necessary. There are no juries at these trials. This decision may take anywhere from a few hours to a few weeks. One of the types of Orders is an Emergency Order of Protection, which can be granted in addition to a long term order during the weeks between the hearing and the decision. If the accused chooses to not be present on the day of the court appearance, the hearing will go on without them and the judge will make a decision based only on the accuser’s argument. If the accused believes that the court will side with the accuser, it is even more important for the accused to show up to the hearing so that he or she can present his or her side of the case. Although there is no jury, both parties do have the right to an attorney at your Order of Protection hearing. Contact a Kane County family law attorney for assistance. Goostree Law Group will help you with your Order of Protection hearing today.  

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