What Is An Order of Protection?
When an argument or situation reaches the point where someone calls the police and authorities charge you with domestic battery, you need to call a lawyer. In such situations, the prosecutor will ask your accuser if he or she would like an Order of Protection (restraining order). A restraining order not only prevents you from going near the issuer without consequence, but also carries a host of collateral consequences that can create serious challenges for you.
If you have an Order of Protection issued against you, there will be a record of the order in the law enforcement database. It is critical to get the restraining order against you vacated or removed from this database. If the order is not vacated, it could affect your ability to:
- Travel and cross international borders
- Get a job
- Remain in the United States, if you are an immigrant
- Secure or keep a Firearm Owners Identification (FOID) card
WATCH: Immigration and Criminal Attorney Mario Godoy Explains What is an Order of Protection? And what you should do if you are served with one.
In this video, we’re going to discuss what an Order of Protection is and what to do if you are served with one.
An individual can request an Order of Protection that prevents you from going anywhere near them.
In our Criminal Defense practice, we commonly see a court enter an Emergency Order of Protection in domestic battery cases. An Order of Protection will generally restrict you from entering the residence or workplace of the person being protected. It is an order from the court that prohibits you from having any direct or indirect contact with the protected person.
There are two types of Order of Protection in Illinois:
1. The Emergency Order of Protection
2. The Plenary Order of Protection
A Plenary Order of Protection lasts for 2 years and can be renewed. Because of the severity of a Plenary Order of Protection, a court must hold a hearing prior to granting it. At this hearing, you’ll have an opportunity to question your accuser.
If you are served with a summons to appear in court for an Order of Protection you must not ignore it. Failure to appear can result in a grant of a Plenary Order of Protection.
You have legal rights, and you should speak to an attorney experienced in this area of the law.
If you have any questions, please feel free to contact our firm to schedule a consultation.
Cook and DuPage County Criminal Defense Attorney
A criminal charge or conviction can be devastating to your immigration case. In some instances, it may mean the end of your ability to remain in the United States. Any time that you are facing pending charges or criminal conviction you should consult with an attorney versed both in immigration and criminal defense.
At Godoy Law Office, we understand the immigration consequences of criminal convictions. Our attorneys are experienced in both criminal and immigration law. If you’re an immigrant who has been charged or convicted of a crime, contact our immigration and criminal defense lawyers at 630-912-0322.