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Illinois Order of Protection - Stay Away

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  • Illinois Order of Protection - Stay Away

    My friend's ex-wife has an order of protection that includes a stay away order.

    The order of protection was obtained by her telling everyone she was abused, however by the court procedures he was found "Not Guilty" of all charges. Of course, because she made it all up.

    This has been ongoing for nearly 2 years and the order of protection has been amended to allow for visitation of their son by him, including overnight visits.

    Today he was on business and entered a public business where she and their son happen to be. He did not try to engage her. Their son noticed him and she called the police screaming.

    When the police came they told him that no matter where he is or what he is doing if she comes in to a public place, he has to leave, it is that black and white.

    My question is..

    If he is having dinner at a restaurant and she comes in does he have to leave?
    If he leaves just to be safe and goes somewhere else, and she follows him there, now does he have to leave there too?
    Now what if she follows him home or comes into his workplace? Would he have to leave there too?

    Are they any cases where the order of protection is protecting the wrong person? She is just trying to make him violate this order of protection because it is about to expire and wants it extended. Illinois prohibits mutual orders of protection. Only one of them can have an order of protection against another. But it seems like this allows her to make him violate the order by calling him, e-mailling him, following him around, etc.

  • #2
    Protective Order in Illinois

    Okay, let me stress that I am an attorney in Tex., not Ill., and the laws might be different. He should check with an Ill. attorney to be sure, but my take on it is she is relying on what is called an ex parte protective order, which is issued before the hearing and good (in Texas) for 14 days. At the trial, the court did not grant her a protective order. He needs to verify that. If that is true, he needs to get a copy of the final order, and get a copy to the police, and carry a copy with him. She is psycho, and wants to ruin him (yeah, some women are lots meaner than men). Also with the final order showing the protective order was dismissed, I think (in Texas, at least) he would be able to file charges on her for filing a false charge against him, in reliance of a dead ex parte protective order.

    Just really push him to go consult with a local attorney who does family law.

    Sharon Middleton

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    • #3
      I suggest that he seek dissolution of the order of protection on the ground that she is abusing the court's process, made false statements, and that it is not needed. If you know that her statements are false, I suggest breaking down the allegations carefully and challenging them point by point and if he cannot do it, hire an atttorney to do so.

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