Every relationship comes with challenges. Some people can deal with these challenges in a healthy manner. Others cannot deal with them in a healthy manner and, as a result of this, some file an order of protection on false premises.
Going over what it means for an order of protection to be filed as retaliation, and speaking with a Chicago order of protection attorney, will help you obtain the legal outcome that you are entitled to.
What Is An Order Of Protection?
An order of protection is a legal order that prevents you from:
- Being around the person named in the order.
- Interacting with the person named in the order.
- Contacting the person named in the order.
Just as an example, if your spouse files an order of protection against you, you can’t speak with them, be around them, or interact with them in any way. This can mean the following:
- If you live with them, you will have to move.
- If you work with them, you may have to quit your job.
- If you share children with them, you will have a hard time raising them.
On top of that, if you violate the order against you – speaking with that person, for example – you can go to jail.
What Does It Mean For An Order Of Protection To Be Filed As Retaliation?
The court grants orders of protection for legitimate claims of harassment and abuse. This means that, if you are being harassed or abused, you can obtain an order of protection. Doing so can help protect you from those things.
If an order of protection is filed as retaliation, then, in most cases, this means it was filed based on false claims. You may be accused of harassment or abuse, but this harassment/abuse didn’t actually happen.
Even if an order of protection is filed on false claims, it still comes with serious repercussions. Violating the order will lead to your arrest. And, to abide by the order, you may need to move out or quit your job, among other things.
On top of the above, an order of protection can lead to unfavorable divorce outcomes. You could lose custody, for example, if you are getting divorced. Or, be forced to move out of the marital home, among other possibilities.
What Happens If An Order Of Protection Is Found To Be Based On False Claims?
The state of Illinois knows that orders of protection can be filed as retaliation. To address this, someone who files a false order of protection can:
- Be charged with perjury, which is a criminal offense that comes with heavy consequences.
- Lose credibility in family court, making it harder for them to obtain the outcome they want.
If the above occurs, then the person who filed a retaliatory order of protection may:
- Be forced to spend two to five years in prison, on top of a fine.
- Lose some of the marital assets they wish to retain and have their custody modified, among others.
None of the above will be pleasant for the person who filed a retaliatory order of protection.
Get Qualified Legal Help Today
You have a future that deserves to be defended. We at Glasgow & Olsson will fight for the future you deserve.
Our team has helped thousands of people who have been charged with crimes in Illinois. When we take cases, we do so to win. This means we take cases to trial. We don’t arrange plea bargains unless it is in the best interest of our clients. 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.
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.
Our firm was built on trust. And we stand by that trust in every courtroom, for every client, in every moment.
Speak with a Chicago order of protection attorney today to learn how we can get you the results you deserve.