Orders of Protection

Marriages begin with couples that are as happy as can be, but for one reason or another, a large chunk of these happy couples end up miserable. Sometimes it may begin with fights becoming too common, other times, the fights become violent, and although some victims can get out of a dangerous marriage safely, others are seriously hurt and continue to be hurt long after the marriage is over.

Sometimes though, when these marriages start to go bad early, all they need is a little mending to peacefully end the marriage. Some people bring the law into the relationship too closely and ruin the family or what relationship may have been left after the marriage is over.

An Order of Protection, also called a restraining order, is used to keep someone safe from someone else who may potentially harm them.

Your DuPage County divorce lawyer can help you obtain an order of protection. It is also important to know what to do if someone takes out an order of protection against you.

First of all, if you are served with an order, certain documents should be delivered to you with directions and explanations of everything. You should receive:

  • An Emergency Order of Protection (if one is taken against you)
  • A Petition for the official Order of Protection
  • All supporting statements and accusations for why the order is necessary

Once you receive an emergency order, it has gone into action and you must obey the instructions, or it will be a legal offense. Be sure to read everything carefully, so that you do not accidently disobey the order.

Along with instructions, the Order will also have a court date at which time you can defend yourself against a more permanent Order of Protection.

It is also possible that you do not receive an Emergency Order, in which case you will still receive all of the other documentation and a court date.

Orders can keep you out of your home and property if you live with your accuser. If a judge decides that it is best for the accuser for you to stay out of his or her home, you will not be permitted to enter that home, even if it is also yours, for the duration of the Order of Protection.

Changes that can be made to an Order after it has begun include:

  • Changing and removing specific terms
  • Renewing or extending the duration for a good reason
  • Dismissing the Order

If you have been charged with an Order of Protection and you are concerned that it may change your lifestyle drastically, contact a family law attorney to help you stay in your home. Martoccio & Martoccio attorneys in DuPage, Cook, Kane and Will Counties can help you with your Order of Protection hearing today.

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