DOES A RESPONDENT NEED A LAWYER TO RESPOND OR DEFEND AN ORDER OF PROTECTION?
Does a Respondent need a Lawyer to respond or defend an Order of Protection?
The safe answer is yes, but not always.
Russo Law Offices has experienced lawyers who can handle the defense of any Order of Protection.
In some cases, we have been able to resolve the issues without even a court appearance and/or advised the client to appear pro se (without an attorney).
Without a full and complete evaluation of your case, it is impossible to decide what is best for your situation.
The possible consequences to a respondent, including arrest and incarceration, are too numerous to address in this forum. Seek advice from an attorney of your choice.
Russo Law Offices will provide an initial consultation at no charge to assist you.
It is best not to wait until you have appeared in Court to consult an attorney.
Ideally as soon as you have notice and/or are served with papers you should contact the Russo Law Offices for advice. 630-690-3635
Delay can hamper a Lawyers ability to obtain the best possible result.
An Order of Protection remedies can include but not be limited to the following:
- Removal from your residence
- Limitations on being within 1000 feet or more from the protected parties
- Paying for temporary housing and expenses of the Petitioner
- Prohibit you from going to the protected parties, place of employment, schools, place of worship, care facilities and/or other places
- Granting temporary custody of minor children and/or setting of support
- Limit visitation and/or contact with minor children
- Mandate Court ordered counseling
- Grant temporary custody of certain personal property and/or vehicles
- Limit the transfer and/or sale of certain property
- Limit the use of alcohol and/or drugs
- Affect the possession of Firearm and firearm ammunition and potentially the cancellation or suspension of your FOID and Concealed carry permits
Respondents need to know that:
- The paperwork entered in Court Proceedings are available for Public Access
- The order of protection is a public record and may affect future employment
- Ignoring or violating an Order of Protection, even if the parties agree could result in an arrest and is punishable by imprisonment and/or fines.
- A Petitioner can not give you permission to violate or ignore the order
- The parties cannot modify the orders entered without returning to Court
- Once entered, only a Court can modify, cancel or terminate the order
- The court may not modify or cancel an order even if both parties agree
- The protection granted is enforceable in all 50 states
- Any statements made may affect other cases
- Courts often consider prior orders of protection in other court cases
- The allegations in an order of protection, even if dismissed can have consequences when a background check or google search is conducted Retaining an experienced attorney not only gives you the best opportunity to obtain the best possible outcome, but you will also have the protection of Attorney-Client privilege to protect the confidential information you provide to your attorney.