Belleville Order of Protection Lawyer

The issuance of an emergency order of protection by a court can temporarily strip you of many components of the life you have worked to obtain. From loss of possession of a shared home to loss of child custody, allegations which you have not yet had the opportunity to rebut can throw your entire existence, and that of your children into chaos. While orders of protection are intended to protect those in serious situations, they are often sought and overused in custody battles on the basis of exaggerated or false claims.

The Conner Law Firm defends against orders of protection in St. Clair, Monroe, and Madison Counties, and throughout southern Illinois, challenging false or exaggerated claims and protecting your rights to your home, children, and civil liberties. Erin K. Conner of The Conner Law Firm has extensive experience defending against issuance of plenary orders of protection.

Types of Orders

Orders of protection are issued by civil courts to stop abuse or harassment by a household or family member for the purpose of safety. There are several types of orders of protection in Illinois that can be used, including:

Emergency Order of Protection (EOP)

An emergency order of protection (EOP) is issued by a judge on the same day usually without notifying the alleged abuser. It is completely based on the victim’s testimony and is meant to provide immediate protection, lasting between 14 and 21 days until the hearing.

Interim Order of Protection (IOP)

An interim order of protection (IOP) can last up to 30 days and is meant to protect petitioners in the period that falls between the expiration of an emergency order and the full hearing.

Plenary Order of Protection (POP)

After the full court hearing where both parties are able to testify, a judge may issue a plenary order of protection (POP) if they discover that abuse occurred. This protection can last up to 2 years.

Stalking No-Contact Order (740 ILCS 21)

A stalking no-contact order is for victims who do not have a domestic relationship with the other party. They do not live together or date, and they do not have any family ties.

Violation of Any Order

Violating any of the orders of protection is considered a serious offense by the State of Illinois. A first violation is usually charged as a Class A misdemeanor though any subsequent violations fetch elevated charges as a Class 4 felony.

You may have accidentally violated the order issued by unknowingly appearing in the same place as the petitioner or have been falsely accused of horrific abusive actions. No matter what the allegation in either the conduct that the Court issued the order of protection, or in your alleged violation of that order, contact The Conner Law Firm to speak to an experienced attorney who can protect your interests.

Defense Strategies

In order to defend against an order of protection in Illinois, it takes a strategic, evidence-driven, and aggressive approach. Since emergency orders in particular are often granted without a respondent being present, it can mean you face legal issues and accusations for something you did not do. The Conner Law Firm has strong defense strategies that we often use in these scenarios, including:

Challenging the Credibility of the Petitioner at Plenary Hearing

At the plenary hearing, each party has the chance to testify and present their evidence. Our Belleville order of protection attorney will cross-examine the petitioner and compare their testimony to previous statements they’ve made from police reports or written affidavits to prove they are not being truthful or are unreliable. This shows the judge that they cannot meet their burden of proof, that being a preponderance of the evidence.

Presenting Alibi Evidence

Through proactive evidence, The Conner Law Firm can use text messages, work records, GPS data, and receipts to show that you were not present at the time the alleged abuse or violation took place. When a petitioner claims they fear you but continues to voluntarily attempt to communicate with you, it contradicts their statements of fear. Witnesses can also testify to what they saw and dispute the version of events given by your accuser.

Showing Motive

All too often, we see that petitions are not sought for safety, but are instead obtained to hold an advantage in divorce proceedings, child custody disputes, or even for revenge. The Conner Law Firm will work to prove that the allegations were exaggerated or fabricated for some surreptitious purpose, and that the court was weaponized against the respondent.

Protecting Your Firearm Rights

In Illinois, when a plenary order of protection is issued, it usually results in the immediate loss of your firearm rights. The Conner Law Firm can put forth the best defense to minimize the risk of a plenary order of protection being issued. Our Firm will guide you through the process so that you avoid common pitfalls in order of protection cases which lead to years long firearm rights revocations under state and federal law.

Whether you need misdemeanor stalking defense in Belleville or a domestic violence defense lawyer in Belleville, one thing remains the same: you need an attorney who has actual experience and successful outcomes in order of protection cases. Attorney Erin Conner’s knowledge from litigating on the prosecution and defense gives you a leading edge in your case to work toward the most favorable outcome.

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Call (618) 277-2421 or contact the office online to schedule your initial consultation.

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Frequently Asked Questions