Chicago Order of Protection Defense Lawyer

Attorney Defending Clients Against Domestic Violence and Orders of Protection in Chicago, IL

Being accused of domestic violence is a grave situation, and in addition to criminal charges, you may face restrictions put in place by an order of protection. Understanding the nuances of these orders and the implications an order can have on your life will be important if you are facing domestic violence accusations in Chicago, Illinois. With the help of a seasoned attorney from Komie and Associates, you can make sure you understand the restrictions that will apply to you, the potential penalties for violations of an order of protection, and your options for defending against the accusations and avoiding long-term restrictions that could affect you and your family.

Restrictions Imposed by an Order of Protection

In criminal cases involving accusations of domestic violence, orders of protection may be put in place to prevent abuse or other forms of harm. An alleged victim of domestic violence may also request an order of protection outside of a criminal case, and if a judge believes immediate protections are needed, an emergency order of protection may be issued on the spot.

When a court issues an order of protection, multiple types of restrictions may be put in place. These restrictions are meant to ensure the safety of family members or other parties who may be at risk of harm due to abuse or other forms of violence. Some of the typical restrictions imposed by an order of protection include:

• No-Contact Order: The alleged abuser will be prohibited from contacting the alleged victims or their family members directly or indirectly.
• Stay-Away Order: The alleged abuser may be required to maintain a certain amount of physical distance that you must maintain from the alleged victim or their family members. They may also be required to move out of a home they share with the alleged victim.
• Child Custody and Visitation Restrictions: Decisions about temporary custody of children shared by the alleged abuser and the alleged victim may be made. In some cases, an alleged abuser's right to parenting time with their children may be restricted, or supervised visitation may be required.
• Prohibition on Possessing Firearms: The alleged abuser will be required to surrender any firearms they own, and they will be prohibited from possessing or using firearms while the order of protection is in effect.

Penalties for Violating an Order of Protection

An order of protection is a court order that must be followed under the law. Violations of any of the terms of an order of protection can lead to severe consequences. The penalties may include:

• Criminal Charges - In some cases, a violation of an order of protection may be considered a criminal offense. These offenses are typically charged as Class A misdemeanors. However, if a person has previously been convicted of domestic violence or another violent crime, they may be charged with a Class 4 felony.
• Contempt of Court - Even if the court does not decide to pursue criminal charges for a violation, a person may be held in contempt because they did not follow the court's orders. This may result in fines or even jail time.
• Additional Restrictions: A violation may lead the court to impose more stringent restrictions, or the duration of the order may be extended.

Defending Against Domestic Violence Allegations

When faced with accusations of domestic violence, you will need to respond promptly and effectively. The best step you can take is to secure representation from a skilled criminal defense attorney. At Komie and Associates, we can advise you of your rights and options and help you develop an effective defense strategy. We will work to gather evidence showing that you did not commit acts of abuse or providing context to the accusations, such as by demonstrating that you acted in self-defense. We will advocate for solutions that will allow you to avoid a criminal conviction and resolve concerns related to your family.

Challenging the Order of Protection in Court

In addition to defending against criminal charges, Komie and Associates can help you determine the best ways to mitigate the effects of an order of protection and avoid the problems that may affect you and your family. We will work with you to gather evidence and witness statements that counter the accusations of domestic violence and show that an order of protection will not be necessary. We will provide you with representation in court hearings and work to resolve your case while minimizing the potential restrictions that you may face.

If an emergency order of protection has been issued, it is important to follow its terms. Regardless of whether the allegations are true, contacting the accuser or taking any other actions that violate the order of protection can lead to serious penalties. These violations may also play a role in a criminal domestic violence case. We can advise you on the best steps to take to avoid penalties and make sure you comply with the court's orders.

Contact Our Chicago, Illinois Order of Protection Defense Attorney

Facing an order of protection and accusations of domestic violence can be very challenging. The restrictions imposed by an order of protection can disrupt your personal and professional life. However, you have options for defending yourself and protecting your rights. At Komie and Associates, we can provide the legal help you need to address the accusations against you and minimize the effects an order of protection may have on your life. Contact our office at 312-263-2800 for a free consultation.