Waukegan, IL Order of Protection Defense Attorney

Supportive Attorney Defending Clients Against Orders of Protection in Waukegan, Illinois

Getting served with a protective order can come as a shock, and it may even be a source of ongoing distress. However, it is important that you react calmly when served with a protective order, no matter how unjust it may seem. A Waukegan, IL order of protection defense lawyer can advise you of what to do and how to protect your interests.

Allegations of domestic violence are often swiftly followed by orders of protection. If you have been accused of abuse, Law Office of Theodore S. Potkonjak can work to protect your reputation and fight back against possible criminal charges. As a former prosecutor and judge, Attorney Theodore Potkonjak can provide you with qualified legal advice to assist with your case.

What Does an Order of Protection Do?

An order of protection is a court order designed to prevent contact between two people when one claims to have been abused, harassed, or threatened. These orders are often issued in connection with domestic violence cases, but they can also arise from disputes between family members, dating partners, or people who share a household.

In Illinois, an order of protection can include strict restrictions. A respondent may be ordered to stay away from the person's home, workplace, or school. In some cases, the court can grant temporary custody of children to the petitioner, require the respondent to move out of the shared residence, or revoke their right to possess firearms.

Violating an order of protection, even unintentionally, is a criminal offense that can result in arrest and additional charges. The courts take these violations seriously, and penalties can include jail time and fines. If you are served with an order, do not attempt to explain yourself to the petitioner or try to "clear things up." You should comply with the order fully and immediately contact a defense attorney.

How Should I Respond to Allegations of Domestic Violence?

When someone accuses you of domestic violence, your first step should be to remain calm and avoid any contact or confrontation. Anything you say or do could later be used against you in court. Allegations alone can lead to an emergency order of protection being granted without your input, so it is critical to act quickly once you receive notice.

Your attorney can help you prepare a defense by reviewing police reports, witness statements, and any available video or text evidence. In some cases, allegations stem from misunderstandings, mutual arguments, or even false claims made during a contentious breakup or custody dispute. A defense lawyer can work to expose inconsistencies in the petitioner's story and present evidence that shows the accusations are unfounded.

Courtroom Hearings for Orders of Protection

Emergency orders of protection typically last for a few weeks, after which the court will hold a hearing to decide whether to issue a long-term, or "plenary," order. It is vital that you attend this hearing. If you fail to appear, the judge can enter the order against you by default, potentially resulting in the order going into effect for up to two years.

At the hearing, your attorney can present evidence, question witnesses, and argue why the order should be denied or limited. Our firm can guide you through every step of the process and fight to clear your name.

Meet With a Waukegan, Illinois Order of Protection Defense Lawyer

At Law Office of Theodore S. Potkonjak, we have the legal knowledge and resources to help you properly respond to an order of protection in court. When you work with our firm, we will get your side of the story and work to defend your rights. Call us at 847-263-1200 or contact our Waukegan order of protection defense attorney to arrange a free consultation. We defend clients in McHenry County, Lake County, Cook County, and DuPage County from our offices in Waukegan and Antioch.