Is it Worth Fighting an Order of Protection in Illinois?

 Posted on January 15, 2025 in Domestic Battery

In 2019, more than two million women and one million men in the state of Illinois reported experiencing domestic violence at some point in their life. Domestic violence is a serious issue that often requires the victim to file an order of protection. Filing an order of protection can be an essential way for a victim of domestic violence to protect himself or herself. Yet there are instances when an order of protection is filed as a means of revenge or retaliation for couples going through difficult times.

If your spouse has filed an order of protection against you, you may be unsure how to respond—or if you should respond at all. Understandably, you are anxious about the outcome and perhaps even angry if you feel you did nothing to warrant a protective order. Now is a time when you must take a step back, remain calm, and speak to an experienced Lake Zurich, IL criminal defense lawyer.

What Is an Order of Protection?

An order of protection is a judge's order telling the person the order was filed against (the "respondent") to stay away from the person requesting the order (the "petitioner"). Abuse is defined as physical abuse, intimidation, harassment, or interference with personal liberty. Orders of protection are limited to family members or members of the same household but can also include former spouses or former dating partners.

What Can an Order of Protection Do – And What Can It Not Do?

While protective orders are an important legal tool for victims of domestic abuse, it is important to remember that a protective order does not always stop violence in a relationship. In some cases, even though a protective order can document and prevent violence, it can also increase the danger of a situation. Those who fear for their life or the life of a loved one should never rely exclusively on a protective order; rather, they should go someplace safe and call 911 if they feel they are in imminent danger.  

Should You Fight an Order of Protection?

Since an order of protection is based on one person's word, there are instances when it is less than legitimate. Perhaps there was an argument that may have even turned physical, but both parties were equally to blame. Or suppose one spouse files an order of protection to ensure a more favorable divorce or custody outcome. Regardless of why the order of protection was filed, it can have far-reaching consequences.  

What Are the Consequences of an Order of Protection?

An order of protection can alter the outcome of a child custody (allocation of parental responsibilities) issue and could potentially impact spousal support and the division of marital assets. It can also harm current employment and make it difficult to find employment in the future. A person who has an order of protection filed against him or her could be forced to pay significant legal fees, move out of his or her home, stay away from certain locations, and be prevented from spending time with his or her children.

What is the Correct Response to an Order of Protection?

Those facing an order of protection should always obey the terms of the order and show up for the court date. Failure to attend could result in a more permanent order of protection. This hearing is an opportunity to (calmly) tell the other side of the story to the judge, presenting evidence to back it up. Fighting an order of protection can be challenging, but with the right legal representation, the order can be dismissed or reduced.

Contact a Lake County, IL Domestic Violence Lawyer

If you have had an order of protection filed against you, you need a Libertyville, IL domestic violence attorney who will aggressively protect your rights and your future. Choosing an attorney from The Law Offices of Matthew R. Gebhardt, P.C. ensures a strategic, strong defense based on the evidence and circumstances of your case. Attorney Gebhardt has broad experience in all facets of criminal defense law. Call 847-239-4703 to schedule your free consultation.