Whether you are a domestic violence victim, or have been accused of domestic violence, it is important to contact an attorney for an order of protection case. These cases are very fact-specific, and it takes an experienced attorney to sort through the complexities involved. Your attorney can represent you in court, and advocate for your needs. Both the petitioner and the respondent face different difficulties in the order of protection process. This legal process is not simple, but your lawyer can help you sort through the necessary procedures.
Petitioners Seeking Orders of Protection
The petitioner in an order of protection case is the person requesting a protective order from the court. The petitioner is the victim of an alleged crime, such as domestic violence, domestic battery, sexual assault, or stalking. The petitioner can request a civil or criminal order of protection, depending on whether they intend to press charges for the alleged abuse.
It is the petitioner’s decision to initiate the case, and what type of order of protection to pursue. Generally, there are emergency orders of protection designed to be temporary legal protections, as well as more long-term orders of protection. As the petitioner, you must tell the court why exactly you need an order of protection. You will do so in your petition, the legal form that initiates the case. Your attorney can help you complete this petition, and help you clearly convey why an order of protection is necessary.
Respondents Defending Against Orders of Protection
The respondent in such a case is the person allegedly abusing, attacking, or otherwise harming the petitioner. The respondent can defend him or herself against these allegations. While a judge can issue short-term emergency orders of protection without the respondent present, the respondent is entitled to notice the order was granted. However, respondents are entitled to a hearing for more long lasting orders of protection. At this hearing, your attorney can defend you against allegations of abuse. Depending on the type of order, the court may issue severe restrictions that you are legally obligated to comply with. In a domestic violence protective order, a judge can require a respondent to stay away from family members, remain outside their home, provide temporary financial support, and other actions.
Our Schaumburg Domestic Violence Attorneys Can Help
Do you feel the need to pursue an order of protection? Are you concerned about defending yourself in an order of protection case? Regardless of your situation, our domestic violence lawyers can help you. We understand that domestic violence and related cases are rarely clear-cut. We will research the facts of your case, and offer you professional, unbiased legal help. Let Glasgow & Olsson be your voice in court, and advocate for your side of the story. Contact our skilled Schaumburg criminal defense attorneys today to schedule a free initial consultation.