Illinois Orders of Protection (OPs) are essential for individuals who fear for their safety or have been abused. They are designed to provide swift and necessary legal protection to such parties. OPs are critical legal tools that can help safeguard individuals who are suffering from legitimate cases of domestic violence and who need relief from other parties that are aggressive or hostile towards them.
While OPs are incredibly important for cases of genuine abuse, they can be misused and weaponized. Specifically, OPs can be used strategically by a person with alternative motivations who wants the upper hand in situations related to divorce, child custody disputes, and immigration matters.
If you believe that an OP is being unfairly used against you to punish you or obtain leverage in a particular situation, it is understandable if you are feeling overwhelmed and upset. The misuse of OPs is unjustifiable, and you do not have to accept this type of deeply personal wrongdoing. At Glasgow & Olsson, our Chicago order of protection attorneys believe in safeguarding actual victims as well as those who are having their lives upended by false accusations. We can help you clear your name and secure the most desirable outcome for your particular circumstances. We ensure that the law is used for justice, not for going after innocent people.
Protective Orders Used as a Weapon
Unjust protective orders can be used by one party against another. They can be weaponized for very specific purposes. Consider the following:
Divorce and Child Custody
Divorce and custody battles can be extremely contentious, and it is not uncommon for one side to attempt to secure an OP not because of necessity, but as a way to obtain a legal advantage. For example, an OP may force one party to leave their marital home, or it could be used as evidence to support restricting parenting time.
Immigration
Individuals who are applying for certain visas must adhere to strict laws and regulations. The use of an OP can inhibit one’s ability to obtain the legal status in the country that they desire. Or, other visas such as the U visa, which is intended for victims of serious physical harm, can be exploited. Instead of being used as a shield, it can become a stepping stone to gaining a certain legal status in the country. In this scenario, one party may use an OP to overcome immigration hurdles while simultaneously causing significant reputational damage to another party that has been accused of misdeeds.
How the Courts Can Protect Real Victims and Safeguard from False Accusations
The weaponization of OPs happens more frequently than most people realize. It can be a difficult task for the courts to stop such abuses. However, it is essential that the court tries to strike a balance between providing for people’s safety and ensuring legal tools are not misused to inflict undue harm. The following insights could be implemented:
- For Plenary Orders that are long-lasting and have the greatest consequences, courts can require more detailed, credible evidence and greater scrutiny.
- Schedule prompt, yet fair, hearing dates to allow the accused to respond quickly.
- Recognize instances where OPs are commonly and strategically misused and apply caution before granting an OP that comes with long-term implications in the absence of clear supporting evidence.
- Penalize allegations that are proven to be false.
Get Qualified Legal Help Today
When you need an attorney, experience matters. If you’re facing an order of protection matter in Illinois, let the team at Glasgow & Olsson take care of it.
Speak with a Chicago order of protection attorney today to learn how we can get you the results you deserve.