What Are Protective Orders?
DuPage County Attorneys Help Clients Fight Protective Orders
Protective orders, or orders of protection, are designed to prevent those accused of domestic violence from contacting victims. This may mean that the offender must leave the home, pay child support or bills, return property, enter treatment programs or complete some other court-ordered requirements.
Have you had an order of protection filed against you? If so, contact Donahue, Sowa & Magana. Our domestic violence defense attorneys will assist you with your case and help you find the best legal options, as well as answer any questions you may have.
To file a protective order, domestic violence victims must petition the court complaining of abuse or the threat of violence. Most orders of protection are issued for a set amount of time, but there are some that have no time limit attached.
In most cases, accused individuals must be notified and given a chance to defend themselves, but there are also emergency protective orders that are used in extreme situations. If this is the case, the accused will have an opportunity to challenge the order at a hearing set by the court.
If you violate the terms of a protective order, you may be subject to fines, jail time or probation. To avoid these penalties, consult with a domestic violence defense attorney.
Protective orders involve federal implications.
If you've been issued a protective order, you need to be aware of the federal laws and regulations that accompany it. These laws, known as full faith and credit, prohibit individuals from crossing state lines with the intent to violate orders of protection.
Federal law stipulates that every state must comply with the protection orders issued by any other state in the country. Because different states issue different types of protective orders, the federal government has specified that the document in question must be aimed at preventing violent or threatening harassment from one person to another to qualify.
Protective orders are serious, court-ordered documents. You need to make sure you comply with the terms of the order, as well as stand up for your rights and protections as a defendant.