A closely tight-knit neighborhood in an affluent Chicago suburb sees a moving truck coming to their neighborhood. Their neighborhood was developed in the 80s, and most homeowners have been living there since then. This is the first time they will meet their new neighbors. The retirement-age neighbors are surprised to see five kids under the age of five pile out of the family’s van. After a few months, one of the elderly homeowners has had enough of the constant screaming and crying they hear from the new young children on the block. Worried that they will never enjoy their twilight years in peace, they decide to file a stalking no contact order against the parents.
Challenging an Order of Protection Based on False Accusations
The scenario discussed above would not be the first time a grumpy neighbor decides to take action against noisy neighbors through a stalking no contact order. When the accused has not done anything wrong, an order like this is unfair and completely unacceptable. Stalking no contact order and orders of protection are not intended to stop noisy neighbors. They are intended to protect domestic violence victims or potential victims from their alleged abusers.
Do Not Violate the Order
If annoying neighbors have filed an emergency protective order against you, it can be tempting to ignore the protective order. This is especially true if the protective order is based on children playing outside in the neighborhood and simply being children. Emergency protective orders can remain in place for up to 21 days or until a hearing. You will be able to plead your case in front of the judge at the hearing. In the meantime, do not violate the order. Failure to comply with a court order will only weaken your case, and you could face criminal charges.
Begin Building Your Case
After the stalking no contact order has been issued, you will have the ability to appear in court to challenge the order. Your attorney can help you gather evidence proving that the allegations against you are greatly exaggerated or completely false. The person or people who will have filed the affidavit with the petition for the protective order. You have a right to view the affidavit, and you and your lawyer will be able to address each claim against you. Your attorney can help you obtain witness testimony and affidavits from other witnesses who can vouch for your conduct and credibility.
Contact a Chicagoland Criminal Defense Attorney
If you are dealing with false accusations that lead to a stalking no contact order being issued against you, it is crucial that you obtain legal representation as soon as possible. At Glasgow & Olsson, our award-winning criminal defense lawyers have a proven track record of success in many high-profile state and federal criminal cases. Contact Glasgow & Olsson today to schedule your initial consultation to learn how our legal team can fight for your rights if you have been charged with a crime.