To sustain – and, in some cases, obtain – an order of protection in Illinois, your claim must be credible. Credibility comes from evidence. Evidence can be tricky, though, if certain factors are present.
Going over the factors that make assessing whether or not an order of protection should be granted/denied more difficult, and speaking with a Chicago order of protection attorney, will help you obtain the outcome you deserve.
What Complicates Order Of Protection Proceedings?
Out of all the factors that can complicate order of protection proceedings, these tend to be the most notable:
- Conflicting testimony.
- A lack of physical evidence.
- Claims of emotional abuse.
You can find a definition for each one of these in the space below:
- Conflicting testimony is when one person says that something happened and, then, the other person says that it didn’t happen/didn’t happen in the way that was claimed.
- A lack of physical evidence occurs when one person claims that something happened, yet there is no physical evidence – videos or photos, for example – that can be used to validate this claim.
- Claims of emotional abuse are when someone claims they were abused in an emotional manner and, as such, have no physical evidence to support this claim.
A good example of each of the above can be found below:
- Your spouse claims that you hit them. You, on the other hand, claim that this did not happen and that your spouse is making it up. This is conflicting testimony.
- Your former partner claims that you abused them emotionally and, in doing so, put them into a serious depression. There is a lack of physical evidence to support this, though, since it is purely emotional.
- Your spouse claims that you yelled at them and said mean things to them, greatly diminishing their mental health. These are claims of emotional abuse, so there is rarely much evidence to support them.
Every single one of the above can make it harder for the court to grant/deny an order of protection.
What Should You Do?
A number of different orders of protection are available. Regardless of which type of order you want to pursue, you must work with an attorney who can help.
A good attorney will help you find and present the evidence needed to obtain the order you seek.
On the other hand, if an order of protection has been filed against you, you must also work with an attorney. Doing so will help you contest the evidence against you, allowing you to retain your freedom.
Get Qualified Legal Help Today
You have a future that deserves defending. We at Glasgow & Olsson will fight for the future you deserve.
When you need an attorney, experience matters. Our team always takes cases with a focus on winning. As proactive lawyers, we fight aggressively and support our clients throughout their entire case up to and including appeals. Protecting your life and freedom is always the goal, and with our decades of experience practicing law, we know how to get results. This is why we are regularly invited to appear as a legal contributor on popular radio and news outlets, including ABC, CNN, NBC, CBS, and Fox NEWS.
Speak with a Chicago order of protection lawyer today to learn how we can get you the results you deserve.