Chicago, IL Order of Protection Defense Lawyer

Experienced Attorney for Orders of Protection in Violent Crime Cases in Chicago, Illinois

Allegations of domestic violence or other violent crimes can not only lead to criminal charges, but an order of protection may be issued. While these orders are designed to protect victims, they can place serious restrictions on a person, limiting their ability to return to their home or contact their family members.

Orders of protection are powerful court orders that can have far-reaching effects, and they are often issued without prior notice and before a full investigation has taken place. In some cases, these orders can be misused, or they may be granted based on incomplete or exaggerated claims.

Miranda Law Office, LTD provides legal defense services for people facing restraining orders in Chicago. With more than 20 years of experience, Attorney Miguel Miranda understands how these cases are handled by the courts, having previously served as a Cook County prosecutor. Our firm provides strong representation to help our clients challenge unjust orders and minimize the legal effects of criminal accusations. As a law firm deeply rooted in the Chicago community and fluent in both English and Spanish, we work to ensure that our clients are heard, understood, and fully informed throughout the legal process.

Types of Orders of Protection in Illinois

Under the Illinois Domestic Violence Act (750 ILCS 60/101 et seq.), courts may issue the following types of orders:

• Emergency Order of Protection: These short-term orders may be issued quickly and without notice to a person who has been accused of domestic violence. A request may be based solely on the petitioner's sworn statement, and an order of protection can be granted if the court finds an immediate and present danger of abuse. Emergency orders typically last 14 to 21 days.
• Interim Order of Protection: If a hearing cannot be held within the 14- to 21-day window provided in an emergency order of protection, an interim order can be issued. These orders may last up to 30 days.
• Plenary Order of Protection: A long-term order of protection may be issued after a court hearing where both parties can submit evidence and provide testimony. A plenary order can remain in effect for up to two years, and it may be extended if necessary.

In criminal cases, an order of protection may be entered alongside charges of domestic battery, stalking, assault, or harassment. Family courts may also issue orders of protection if a person claims that they have experienced domestic violence during a divorce or child custody case.

Restrictions Imposed by an Order of Protection

An order of protection can put a wide array of restrictions in place. Most of these restrictions will limit the respondent's interactions with the alleged victim in order to prevent any future acts of abuse or violence. Common restrictions include:

• No-Contact Provisions: An order will often prohibit the respondent from engaging in any form of contact with the petitioner, including in person, by phone, text, email, or through third parties. The respondent may also be prohibited from contacting other family members, such as their children.
• Stay-Away Requirements: The order can require the respondent to stay a certain distance away from the petitioner's home, workplace, school, or other specified locations.
• Exclusion From a Shared Residence: A respondent may be ordered to leave their home, even if they are the legal owner or leaseholder. They will need to find new living arrangements while the order is in effect. If necessary, a person may be permitted to go to their home at a specified time, accompanied by law enforcement, in order to retrieve clothing or other belongings.
• Firearms Restrictions: The respondent will typically be ordered to surrender any firearms they own, and they will be prohibited from obtaining or possessing firearms during the duration of the order.
• Decisions About Child Custody: If children are involved, an order may make temporary arrangements for their care and custody. The petitioner may be granted sole custody while the order is in effect, or arrangements may be made to ensure that the respondent can have parenting time. If the court believes it is necessary, it may put arrangements for supervised visitation in place.
• Financial Support: The respondent may be required to pay child support or spousal support to the petitioner to ensure that they can pay ongoing expenses. If the respondent has been accused of damaging or destroying property or causing other financial losses, they may be required to compensate the petitioner for these costs.
• Counseling or Treatment Mandates: The court may require the respondent to attend anger management, substance abuse counseling, or domestic violence intervention programs.

These provisions can significantly disrupt a person's life. A person who is accused of violating the terms of an order of protection may face additional criminal charges. In most cases, an order of protection violation is a Class A misdemeanor, but felony charges may apply in certain situations.

Defending Against Protection Orders and Related Criminal Charges

When facing an order of protection, it is crucial to respond as quickly as possible. The consequences of ignoring or violating an order can be severe, even if the violation was unintentional. At Miranda Law Office, LTD, we can advise our clients on what is included in an order of protection, ensuring that they can follow its terms and avoid additional criminal charges or other issues that could complicate their cases.

We work to help clients prepare for hearings and build a defense based on the evidence involved in a case. Attorney Miranda has extensive courtroom experience, and with his insights into legal procedures, he can challenge flawed petitions, cross-examine witnesses, and present compelling testimony. He will work to defend against an order of protection while also taking steps to prevent a conviction for domestic violence or other criminal charges.

Contact Our Chicago Order of Protection Defense Attorney

If you have been served with an order of protection in Chicago or are facing related criminal charges, Miranda Law Office, LTD can help you understand your rights and defend against unnecessary restrictions. Contact our Chicago, IL order of protection lawyer by calling 773-588-3822 to schedule a confidential consultation and begin building your defense.