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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88680
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Hello, An emergency order of protection (civil) was filed

Resolved Question:

Hello,
An emergency order of protection (civil) was filed against me in Illinois by my spouse that is divorcing me. The allegations made in the petition are false especially considering I do not know where she lives or do I even know her phone number. I understand that I have to go to a hearing for this and I welcome it. I am defending my self for the dissolution of marriage proceeding and at the moment there is a relief hearing due to a motion filed by me set for one day after the hearing for the order of protection.

I fear for my safety now more than before due to this order of protection. I have received threats via telephone at work, my spouse has struck me with her fist in the head in the past and my car has been vandalized on more than one occasion since this legal process has occurred.

Considering that my "spouse" has made false allegations to authorities in order to get an emergency order of protection whether for an advantage in court and or to cause me added emotional distress worries me deeply. She moved out of the home by her choice months ago but due to my feelings of being vulnerable there I do not stay at home on a regular basis and tend to stay anywhere but there most days of the week considering past threats received.

Since the aggressor has assumed the role of victim and therefore has been able to use the I.D.V.A for an intent it was not designed for I feel it is very likely that I may fall victim to her aggression and have no recourse. I fear I will be treated by the police and the court as the perpetrator.

Is there anyway I can have the judge here this O.P matter sooner via an emergency motion or regular motion call?

What rights if any do I have in this matter?

Can I file a counter petition for a protective order for feeling that my safety is in question and she may possibly use the O.P against me to cause me harm considering her and her friends past behavior towards me?

I have not called the police in the past due to possible repercussions by either her or her friends.

I thank you in advance.
Submitted: 3 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 3 years ago.
As far as getting the order heard faster, if you can present evidence of these attacks on you, then it is possible to get the court to set the hearing sooner upon motion to the court for an emergency hearing when you file your objection to her protective order and a counter claim for a protective order against her. For certain, based on your accounting above you have grounds for seeking a protection order from her at the very least and if you present that evidence to the court along with the fact you do not know where she lives and do not have her number, the court should issue an order against her and in all likelihood will make the order a mutual order of protection, which would prohibit both of you from having contact. These cases are always so tough on the court unless they have actual evidence presented to them more than the word of each party.


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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88680
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 3 other Family Law Specialists are ready to help you

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