Any type of restraining order on your criminal record severely limits your freedom in the state of Illinois. You will be barred from possessing a FOID card, your custody cases can be severely impacted, and employers may choose other candidates solely based on this one factor. Further, violating a restraining order has serious consequences, and committing a violation may not be as difficult as you may believe. Protections put into place through a restraining order can vary according to the needs of the petitioner and the discretion of the judge and may be wide-ranging. You may be required to stay a certain distance away from a school, give up your living arrangement and find a new one, or obey other restrictions. For all of the above reasons, it is important to defend yourself in court and avoid severe limitations on your general freedom.
What is the Defense Process for a Stalking No Contact Order?
When a petitioner attempts to file a Stalking No Contact Order against a respondent, a hearing date will be set, which must be attended by both parties. The respondent will have the chance to present their case and present evidence before a judge of their side of the facts.
The Illinois Statutes have this to say about stalking:
"Stalking generally refers to a course of conduct, not a single act. Stalking behavior includes following a person, conducting surveillance of the person, appearing at the person's home, work or school, making unwanted phone calls, sending unwanted emails, unwanted messages via social media, or text messages, leaving objects for the person, vandalizing the person's property, or injuring a pet. Stalking is a serious crime. Victims experience fear for their safety, fear for the safety of others and suffer emotional distress." (740 ILCS 21/5)
Evidence must be presented which demonstrates the good character, intention, and behavior of the respondent and their innocence of any above actions. If the petitioner has a history of acting in bad faith, this may be advantageous to mention in the court hearing, but it is important to focus your legal defense strategy on your own actions and character. A good lawyer can help to form an effective legal strategy. Mounting a defense solely on your own is unwise and likely to result in losing the case. Always retain professional legal help.
Contact an Experienced Lawyer Today
It is important to get professional help in matters involving your safety or the safety of your loved ones. Do not delay in acquiring legal help from our law offices. Glasgow & Olsson is uniquely qualified to help, especially if you need help mounting a legal defense in a Stalking No Contact case. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.