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posted on 10/31/22

Having an order of protection (OP) taken out against you can have wide-ranging consequences that affect your firearm rights, child custody outcomes, and employment opportunities. Having a judge decide against you in an order of protection case can deeply damage your reputation and standing as a citizen. Once you have an order of protection taken out against you, it is difficult and in many cases impossible to strike it out from your record. Defending against the order of protection and protecting yourself from a negative judgment is extremely important in order to safeguard your future. We will go over the burden of proof in an order of protection case and some common defenses in OP cases below.

Burden of Proof in Order of Protection

In an order of protection case, a petitioner must prove that they have been abused by a family or household member. Abuse can mean physical abuse, harassment, intimidation of a dependent, interference with personal liberty, or willful deprivation 750 ILCS 60/103(1).

Harassment “means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances; would cause a reasonable person emotional distress; and does cause emotional distress to the petitioner” 750 ILCS 60/103(7).

“Intimidation of a dependent means subjecting a person who is dependent because of age, health or disability to participation in or the witnessing of physical force against another or physical confinement or restraint of another which constitutes physical abuse as defined in this Act 750 ILCS 60/103(10).”

“Willful deprivation refers to willfully denying a person in need of food, medication, or otherwise from reaching those needs 750 ILCS 60/103(15).”

“Virtually any threat which impacts the behavior and freedom of a petitioner can result in a finding that a respondent “interfered with personal liberty.”

Defenses Against an Order of Protection

Defending against an order of protection can be relatively straightforward, provided that the defense and the defendant understand what the burden of proof for an OP consists of. In the above section, we outlined those conditions. Defending against an order of protection means providing evidence, testimony, and witnesses demonstrating that the petitioner was not subjected to any of the above conditions.

Mounting and winning an order of protection defense requires the assistance of a professional lawyer due both to the general difficulty of the defense and its critical importance.

Contact an Experienced Lawyer Today

It is important to get professional help in matters involving your future rights and opportunities. Glasgow & Olsson is uniquely qualified to help, especially if you are mounting a legal defense in an order of protection case. Make sure to acquire legal assistance the whole way through to safeguard your rights and avoid penalties that will follow you for years. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.