5277 Trillium Blvd., Hoffman Estates, IL 60192

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630-388-8253

Rolling Meadows Order of Protection Defense Lawyer

Defense Attorney for Contesting Restraining Orders in Schaumburg, Streamwood and Hoffman Estates

Rolling Meadows Order of Protection Defense Lawyer

Being served with an order of protection (OP) can be both infuriating and humiliating. Your personal issues with an intimate partner or relative have just been dragged into a public court.

At the law office of The Law Office of Brian M. Krause, P.C., we understand that being served with an order of protection, can come as a shock. Having practiced law in Cook County for over a decade, we can help you understand what this means and how to respond to it.

You may feel the order is unwarranted and unfair to you. A melodramatic relative could be making exaggerated claims about you as part of some ongoing dispute. Spouses have been known to claim abuse in hopes of gaining an advantage in a bitterly contested divorce.

Nevertheless, you must abide by all of the terms of the order or risk arrest for violating the order. If the order says you are not to contact the person who requested protection, then you should not respond to any phone calls or messages from them. Even if the protected person initiates contact, you could find yourself charged with violating the order of protection.

You will have a chance to tell a judge your side of the story in a court hearing. Attorney Krause will vigorously represent your interests in this hearing and make every effort to have the order terminated.

If you have been charged with violating an order of protection, attorney Krause will provide an aggressive defense and work to get this charge dismissed.

Defense Against an Order of Protection

A judge can issue an emergency order of protection, good for up to 21 days, based solely on the petitioner's testimony. After that, the court must hold a hearing at which the petitioner will present the reasons they want the OP and you, the respondent, can argue why the OP is not warranted. If the judge believes the petitioner has shown valid reasons for the OP, a permanent OP will be issued with a duration of up to two years. As the expiration date nears, the petitioner can request an extension.

Attorney Krause can advocate for you at an OP hearing and present reasons why a plenary OP should not be issued or extended. Our defense strategy will depend on the origin of the OP, which can come from:

  • The state's attorney, in conjunction with a criminal charge of domestic battery, stalking or electronic harassment.
  • Your spouse, in conjunction with a filing for divorce.
  • A member of your family, someone who lives with you, or someone you dated who claims that you abused, threatened, or harassed them.

Defense for Order of Protection Violations

If you violate the terms of an order of protection, you can be charged with a Class A misdemeanor crime, which is punishable by up to one year in jail, probation for up to two years, a fine of up to $2,500, or some combination. This violation will appear on criminal background checks for employment, immigration, and other purposes. Attorney Krause will provide an aggressive defense and make every effort to keep your criminal record unblemished.

Order of Protection Defense Lawyer in Hoffman Estates

The law office of The Law Office of Brian M. Krause, P.C. provides effective and affordable legal assistance to clients in Cook County including the communities of Hoffman Estates, Rolling Meadows, Schaumburg, Streamwood, Barrington, South Barrington, Hanover Park, and Chicago. Contact us in our Hoffman Estates office at 630-388-8253.

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