Belleville Order of Protection Lawyer

When an order of protection is issued, it can force you to leave your own home. If you have children, you’ll be separated from them instantly, and if you own a gun, you’ll be stripped of your gun rights. While these orders are meant to protect those in serious situations, they are often sought and overused in custody battles on the basis of exaggerated or false claims.

The Conner Law Firm defends against orders of protection in Belleville and St. Clair County, challenging false claims and protecting your rights to your home, children, and firearms. Erin K. Conner, a former prosecutor, serves as your Belleville order of protection lawyer, your advocate to challenge these baseless claims and preserve your freedom.

Types of Orders

Orders of protection are issued by civil courts to stop abuse or harassment by a household or family member for the purpose of safety. There are several types of orders of protection in Illinois that can be used, including:

Emergency Order of Protection (EOP)

An emergency order of protection (EOP) is issued by a judge on the same day usually without notifying the alleged abuser. It is completely based on the victim’s testimony and is meant to provide immediate protection, lasting between 14 and 21 days until the hearing.

Interim Order of Protection (IOP)

An interim order of protection (IOP) can last up to 30 days and is meant to protect petitioners in the period that falls between the expiration of an emergency order and the full hearing.

Plenary Order of Protection (POP)

After the full court hearing where both parties are able to testify, a judge may issue a plenary order of protection (POP) if they discover that abuse occurred. This protection can last up to 2 years.

Stalking No-Contact Order (740 ILCS 21)

A stalking no-contact order is for victims who do not have a domestic relationship with the other party. They do not live together or date, and they do not have any family ties.

Violation of Any Order

Violating any of the orders of protection is considered a serious offense by the state of Illinois. A first violation is usually charged as a Class A misdemeanor though any subsequent violations fetch elevated charges at a Class 4 felony.

You may have accidentally violated the order issued by unknowingly appearing in the same place as the petitioner or have been falsely accused of horrific abusive actions. No matter what you’re facing with orders of protection, contact The Conner Law Firm to speak to a Belleville order of protection lawyer who can protect your own rights.

Criminal Defense Lawyer

Call (618) 277-2421 or contact the office online to schedule your initial consultation.

Defense Strategies

In order to defend against an order of protection in Illinois, it takes a strategic, evidence-driven, and aggressive approach. Since emergency orders in particular are often granted without a respondent being present, it can mean you face legal issues and accusations for something you did not do. The Conner Law Firm has strong defense strategies that we often use in these scenarios, including:

Challenging the Credibility of the Petitioner at Plenary Hearing

At the plenary hearing, each party has the chance to testify and present their evidence. Our Belleville order of protection attorney will cross-examine the petitioner and compare their testimony to previous statements they’ve made from police reports or written affidavits to prove they are not being truthful. This shows the judge that they haven’t met their preponderance of the evidence.

Presenting Alibi Evidence

Through proactive evidence, The Conner Law Firm can use text messages, work records, GPS data, and receipts to show that you were not present at the time the alleged abuse took place. When a petitioner claims they fear you but continues to voluntarily communicate with you, it contradicts their statements of fear. Witnesses can also testify to what they saw and dispute the version of events given by your accuser.

Showing Motive

More often than not, our attorneys see that these petitions are not sought for safety. Instead, they are obtained to hold an advantage in divorce proceedings, child custody disputes, or even for revenge. Our Belleville order of protection lawyer will work to prove that the allegations were entirely fabricated for the purpose of controlling property or disrupting parental rights.

Filing a Motion to Vacate an Emergency Order

If you are facing an emergency order of protection, our lawyers will look to see if it was based on false information. Challenging the order immediately rather than waiting several weeks for the full hearing helps avoid irreparable harm, and the evidence displayed will show that your accuser lied or twisted the facts for the initial petition.

Protecting Your Firearm Rights

In Illinois, when a plenary order of protection is issued, it usually results in the immediate loss of your firearm rights. The Conner Law Firm can successfully defend against your plenary order to protect your rights. Our attorneys will guide you through the process so that you won’t accidentally break any legal procedures that would create a felony violation.

Whether you need misdemeanor stalking defense in Belleville or a domestic violence defense lawyer in Belleville, one thing remains the same: you need an attorney who has the added experience of being a former prosecutor in your corner. Knowing what Erin does from the state’s side gives you a leading edge in your case to work toward the most favorable outcome.

Frequently Asked Questions

How long does an order of protection last in Illinois?

A plenary order of protection can last as much as two years once the judge issues it. Other orders, like an emergency order of protection, only provide up to 21 days of protection until the official hearing can take place. Even though you are the one being accused of abuse, you will not have a chance to present evidence on your side of things until the full hearing.

Can an order of protection be dismissed?

Yes, though a dismissal of an order of protection requires a formal court process first. The petitioner can ask the court to dismiss it, or a judge may dismiss the protection if the evidence is insufficient in the hearing. However, if these orders are associated with other criminal charges, they are more difficult to have dropped. Still, if it is dismissed, then the restrictions imposed by the orders are officially removed.

Contact The Conner Law Firm

Revenge for a divorce they didn’t ask for, or using the kids as leverage to punish you. These are unfortunately common scenarios when couples split up, and someone who is vindictive will fabricate all kinds of stories to get an order of protection out of spite. The Conner Law Firm defends against orders of protection in Belleville and St. Clair County, challenging false claims and protecting your rights to your home, children, and firearms.

Don’t wait for things to get worse. Call 618-277-2421 today for order of protection defense from a criminal defense attorney in Belleville.