Can I Contest A False Order Of Protection Against Me?

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What can be done about my ex-wife filing a false order of protection against me? I live in Illinois, if that helps.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

It sounds like you are referring to an ex parte emergency protection order. These are available to a person who can establish that he or she is in immediate danger, and the court needs to issue an order before it has the chance to hold a full hearing on the situation. The person requesting the order generally needs to establish for the judge that there is a strong likelihood of harm before a full hearing can be held, and that the other party cannot be notified of the request for a protection order, either because he or she is not readily available, or because he or she may harm the requester upon learning of the request. This order is provided solely based on the requester’s testimony.

An ex parte order will only last for a set period of time. If a full hearing cannot be held immediately, the court could issue an interim protective order when based on the testimony presented in the emergency protection order hearing. The court then holds a hearing in which you must have the opportunity to be present. During this hearing, you would be able to counter any allegations your ex-wife has made about you. If your ex-wife provided false information, you will be able to show the court that it is false. You will also have the opportunity to provide your side of the story. The judge will then weigh all of this evidence. If he decides that a protection order is appropriate, he will issue a plenary protection order for either a specific period of time or indefinitely. This order can be appealed to a higher court. If you have evidence that your ex-wife provided false testimony, you should present that in your appeal. A family law attorney can help you fight a protection order at any of these stages.

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Author: House Attorney