Find Dedicated Support Through Order Of Protection Challenges In Illinois

Alleged victims of domestic violence often obtain orders of protection, which impose strict limitations on the accused. Orders of protection can prohibit you from entering a home and having contact with the alleged victim – even if you also live there. They can even prohibit you from having contact with your own children. Many other restrictions are possible, depending on the circumstances.

Orders of protection are civil law matters that must be handled through an administrative process. Violating an order of protection, however, is a criminal matter. Our attorneys at Cohen & Donahue Attorneys At Law, can protect your rights in the administrative and criminal processes, working to limit the impact this matter has on your life and your ability to do as you please. From offices in Elgin and Palatine, we serve clients throughout Cook County, Kane County and surrounding areas of northern Illinois.

Protection Vs. No Contact: Understanding Court Orders In Illinois

Receiving a court order is a jarring experience. Suddenly, you hold a legal document filled with complex terms that can immediately affect your freedom, your home and even your relationship with your children. As dedicated attorneys, we have guided many people through this exact situation. We are here to cut through the legal jargon and help you understand your rights and legal options.

First, let us break down an order of protection. A judge typically issues this order to:

• Address disputes within domestic situations: It would apply in incidents between spouses, former spouses, family members or individuals who share a child. Courts issue these orders when allegations of domestic violence arise.
• Cover a wide range of protections: This order can require you to stay away from the protected person, their home and other designated places, and may include provisions about child custody and support.

The court can impose strict rules with an Order of Protection that can force you out of your home or limit time with your children. Violating any part of the order carries severe penalties.

Next is the stalking/no contact order. Here’s what you should know about it:

• It applies to any relationship: The person filing does not need to be a family member or partner. It can be a coworker, a neighbor or even a stranger who claims you are harassing or stalking them.
• It strictly prohibits all contact: This order commands you to stop all forms of communication. This includes phone calls, texts, social media messages, physical contact and even being in the same location as the protected person.

As your legal team, we will take the time to listen to your side of the story and help you understand exactly what you can and cannot do.

Your Court Order Questions Answered: What Our Clients Ask Most

Below, we’ve compiled answers to the questions our clients ask most frequently, based on our years of successfully defending them. If you do not find answers to your questions, we invite you to reach out to our office directly.

Can I return home if my name is on the mortgage/lease?

Unfortunately, having your name on the mortgage or lease does not override a court order. If a protection or no contact order states you must stay away from the home, you must follow this rule even if you help pay for or own the property. Breaking this rule can lead to serious consequences, including arrest. However, we can request a court hearing to collect essential personal items from your home or discuss housing arrangements.

Can I text the protected person if they contact me first?

No, you should not respond even if the protected person reaches out first. The court order applies to your actions, not theirs and responding to their message could result in legal trouble for you. We recommend saving any messages they send without responding, as these might help our case later. If they keep contacting you, make sure that you let your attorney know immediately.
We understand how challenging this situation is, but protecting your legal standing must come first.

Will an order of protection show up on background checks?

Yes, these orders typically show up in court record searches, which many employers and landlords use during screening. However, not all background checks are the same. Some focus only on criminal convictions, while others search court records more broadly. The impact depends on who runs the check and why they need it.

Your Story Matters: Connect With Your Northern Illinois Defenders Today

If you need help defending against an order of protection or a stalking/no contact order in northern Illinois, our attorneys are here for you. To arrange your free initial consultation, please contact our law offices online or by telephone at (224) 856-5399. Se habla español.