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Archive for the ‘order of protection’ tag

Should I Challenge an Order of Protection?

March 23rd, 2018 at 1:45 pm

order of protection, Rolling Meadows criminal defense attorney, victim rights, emergency order of protection, plenary order of protectionDomestic violence is a serious issue in the United States. In Illinois, victims have remedies and options available to them through the Illinois Domestic Violence Act. One such remedy of this is act is an order of protection, also referred to as a restraining order. The court will grant an order of protection to protect the victim. With any system, though, there are flaws. Orders of protection can be granted inaccurately, severely impacting the life of the accused.

Types of Orders of Protection

Illinois law provides three different types of orders of protection:

  1. Emergency orders. An emergency order is issued, much like it sounds, when there is an emergency. The court does not need to hear testimony from the accused. The accused does not even need to be given notice of the hearing/potential order. These emergency orders last for 21 days. After 21 days there is a hearing in which the accused can attend and respond to the allegations that caused the order.
  2. Plenary orders. A plenary order is issued after there has been a hearing. The accused must be given notice and the opportunity to appear before the judge. A plenary order can last up to two years.
  3. Interim orders. An interim order is issued in between an emergency and plenary order. If there is a gap between the emergency order of protection expiring before there is a full hearing, the court can issue an interim order of protection for up to 30 days.

You’ve Been Served: Now What?

Being served with an order of protection may be a complete shock and surprise to you. However, it is in your best interest to comply with the order. Noncompliance can lead to more serious criminal charges and penalties. There are limited opportunities to challenge the order of protection. Be proactive and contact an experienced attorney as soon as possible.

Challenging the Order of Protection

Not challenging an order of protection can affect your life in the long term. If you are going through a divorce or custody proceeding, the order can affect the outcome of those hearings. If you want to challenge the order, you will file a motion to modify the order. After you file this motion, the court will decide if there should be a hearing. Often, a judge is hesitant to lift or modify an order of protection. This is because of the circumstances in which an order is granted, a judge wants to keep all parties safe.

If you have been served with an order of protection and wish to challenge it, you need a skilled Rolling Meadows criminal defense attorney to help you. The Law Offices of Christopher M. Cosley is duly equipped to fight to get an order lifted or modified. Our legal team has years of experience to investigate the remedies available to you. Contact us for a free consultation today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000

What can be Included in a Domestic Violence Order of Protection?

September 27th, 2013 at 12:10 pm

If you have been accused of domestic violence, you have likely already experienced several challenges in attempting to clear your name. Sometimes victims of an alleged domestic violence act will follow their legal charges with a request for a protective order. Protective orders can have serious consequences for the accused abuser, and it’s important that you hire an attorney to represent you before you lose important privileges and rights as a result of a protective order.

LauraIn Illinois, protective orders are only available to family or household members connected to an alleged abuser. There are many different ways that a protective order can be specified. Depending on what the individual requesting the order articulates, several different requirements may be put into the order, including:

  • A prohibition from any further abuse (harassment or interference with personal liberty also come under this umbrella).
  • A requirement for the alleged abuser to attend counseling courses
  • Stipulations ordering the accused to stay away from the alleged victim
  • Orders to give temporary custody to the alleged victim
  • Orders to block the alleged abuser from accessing children’s records
  • Orders to turn over any weapons in your possession to the police

As you can see, the consequences of an approved order of protection with these kinds of stipulations can have a serious- and immediate- impact on your life, particularly if you share children with the alleged victim. You might lose time spent with those children and temporary custody can even be awarded to the individual making these charges and claims.

If you have been accused of or charged with domestic violence and you believe the alleged victim will seek an order of protection against you, you need the services of a talented Illinois domestic violence criminal attorney. Do not let someone else decide your future for you; hire legal representation today.

 

Woman Charged with First-Degree Murder After Domestic Dispute

August 27th, 2012 at 1:15 pm

Nora P. Peterson, 34, has been charged with first degree murder in the death of her live-in boyfriend, 55-year-old Michael N. Mielczarek. Peterson, who lives in Eligin, is accused of striking the victim in the head with several items, including a frying pan. Police say the blows caused Eligin to fall and strike his head on the floor. If you or someone you know is involved in domestic violence, contact a Lake County domestic violence attorney to prevent the situation from escalating. A lawyer can help you with restraining orders, orders of protection, pressing charges or defending yourself against accusations.

The alleged attack occurred during a domestic dispute. Peterson called 911 when she realized that Mielczarek was not breathing. He was transferred by ambulance to the hospital, where he was pronounced dead. An autopsy was performed and cause of death was determined to be by blunt force trauma to the head.

The Courier-News reports that Peterson’s bail has been set at $750,000 on the murder charge. Illinois defines first-degree murder as the killing of an individual with the following criterion:

  • There is an intention to kill or do great bodily harm to an individual or knows that such acts will cause death.
  • Knowing such acts create a strong probability of death or great bodily harm.
  • Attempting or committing a forcible felony, other than second degree murder.

If someone is found guilty of first-degree murder in the state of Illinois, the punishment is a minimum of 20 years in prison up to a maximum of life. A knowledgeable criminal defense lawyer is your best bet for avoiding conviction or minimizing your sentence. There is also the possibility of the death penalty. Lesser degrees of murder charges include second degree, involuntary manslaughter and reckless homicide.  If you have been charged with any kind of serious crime, you need an experienced Lake County criminal defense attorney on your side.

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