Defending Against an Order of Protection

Evan Randall Order of Protection

McHenry County Order of Protection Defense Attorney – Evan E. Randall

If you ask any attorney to identify the most overused and abused practice in almost every single court house, the answer will almost always be: orders of protection and stalking / no contact orders.

The Emergency Order

Anyone can file a Petition for an Emergency Order of Protection. These are regularly granted for the simple reason that the otehr party is not present. Therefore, the petitioner can say whatever they want without the other side being able to present their side of the story. This all changes at a plenary hearing when you retain Evan E. Randall to defend against the allegations.

If the court finds that the petition needs court protection, then a short, usually 2 weeks or so, order is entered. Even though it is limited to a short amount of time, the consequences can reach almost every aspect of the other person’s life.

  • Child visitation
  • The ability to live in their own residence
  • Limited or no contact with children or the petitioner
  • Firearm ownership

There are many more consequences that an order of protection can have, but these are among the most severe. An order of protection can impact virtually every aspect of someone’s life: from their family and kids, employment, residence, and travel. Nothing about an order of protection should be taken lightly.

The Plenary Hearing

The court will set a hearing about 2 weeks after the Emergency proceeding. At this hearing, the other side will be able to present their side of the case and the judge will determine whether to extend the protective order.

Two years is the maximum length of time that the order of protection can be granted for.

It is very important to have a defense attorney present at the plenary hearing. Given the grave consequences, and possibility of a two year extension, it is imperative that an experienced attorney is consulted.

Order of Protection – Elements

In order to obtain an order of protection, the petitioner must prove essentailly two things:

  • That they have had a prior or current relationship with the other person by way of dating, child in common, living together, or blood relationship;
  • A reasonable fear of future harm, harassment, intimidation or e xploitation

The first element, a close relationship, is the key difference between an order of protection and a stalking / no contact order.

Arm Yourself 

Evan E. Randall has a proven track record of getting orders of protection dropped or dismissed. If someone is attempting to get an order of protection or stalking / no contact order against you, fight back by hiring someone to aggressively fight back. Call to set up a free consultation at (815) 880-4529 or send an email to [email protected]