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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114782
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My parents and I got into an argument and simply out of spite

Customer Question

My parents and I got into an argument and simply out of spite they went and hired an attorney that talked them into filing an order of protection against me - which she assured them was their best option. I have no legal cases against me or otherwise documented examples of violence, anger, or drug and alcohol abuse - but between my parents and their shark lawyer...made me out to be an axe murderer druggie by telling half of a few events that although not pretty were equal arguments. I did not have a lawyer and was eaten alive at the first hearing where I tried to simply tell my side of the story...which was a joke with their lawyer objecting every 5 seconds. Anyway, I was shocked when I was ordered to anger management courses, drug counseling, and random drug testing like I was on probation or something. However, I thought that these conditions were requirements to have the order of protection removed since I hadn't done anything wrong legally (this was civil coirt) and was simply accused of these things by my parents, but was even more shocked when I went back to court to follow up and told the judge that I hadn't done anger management because I literally make just enough to pay my bills and child support and the 3-4 NA meetings I unnecessarily went to was hardly what the court expected...and they were going to throw me in jail. My case was carried over, but they are crazy if they think I am going to simply say "oh well" and spend time in jail for uncompleted conditions that don't apply to me, I can't afford, and don't have time for. Aren't OP's put in place to protect people from other people? I haven't contacted them...and that is what I thought I was supposed to do. How can the court claim to have just cause to sentence me to probationary type penalties when I haven't been found guilty of anything? I am pretty sure I already passed up my chance to get a lawyer (or can I still get one?), but I really didn't think I needed one in civil court. I have lost three job opportunities because of this OP which shows up in background checks (which seems like violence at first glance or upon initially hearing it)...and if I am found guilty of violating this OP, then I will have a misdemeanor on my record and never get a job again. What do I do? If my parents drop this whole thing at this point...does it completely get thrown out of court? There was never police called or any domestic violence.
Submitted: 12 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
First of all, unless there is evidence of continued harassment or threat of violence, a protective order is not supposed to be issued. However, judges jump and issue the emergency temporary orders just upon someone making an application, but you have the right to an actual hearing, which is where you get the chance to present your evidence and have the OP vacated.
Furthermore, if you get the OP vacated, you can also sue your parents for falsely filing the OP for "malicious prosecution" for all of the harm the false OP caused you.
Customer: replied 12 months ago.
I thought I was clear in my initial question. I already had the hearing with my parents present and I tried to tell my side of the story in order to have the order of protection thrown out, but was eaten alive by their attorney and - as I said before that was made to look like an axe murdering junkie through several exaggerated statements and a few taken completely out of context and a few that were completely false. However, with their attorney present I had little chance of correctly telling my story in accordance with courtroom syntax and was quickly dismissed and the judge granted the order of protection. Where I begin to really get bewildered is when the judge started attaching conditions to this order of protection - outside of obviously not having contact with my parents - such as anger management and drug counseling and random drug screening. This seems to me more like probationary Criminal conditions because as I very abruptly found out in my last court appearance, I can and will be thrown in jail and charged with a Criminal misdemeanor that will be on my record as violating an order of protection. What I want to know is if it is too late to still get an attorney because I already verbally gave up that right and there are no public defenders assigned to civil cases? Secondly, if my parents were to drop this case right now - as the paperwork still says ***** ***** vs ***** ***** and not the state of Illinois vs ***** ***** which would be the case in a domestic violence case - would this whole thing go away and the court would step out? My parents lawyer is acting more like a prosecutor with a vendetta against me then their lawyer. She immediately filed a motion in my last court appearance to hold me in contempt for - in her opinion - what was lacking in regards ***** ***** the conditions of the OP. She told the judge that my eyes were glazed over and "bugging out of my head" and I needed to be drug tested. It seems to me that since she is being paid to represent the best interests of my parents that my parents would have to either A instruct her to file this motion or B have agreed ahead of time to file this motion. There is currently a warrant out for my arrest because I never went back to see the judge after I discovered what the courts intentions were and that I could be criminally charged.
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your reply.
You have a right to file a motion to reconsider and to vacate the order. Your reason for reconsideration is you now have evidence that was not available during the first hearing. That was what I was trying to tell you above. You have to file to get the court to reconsider the order and ask them to vacate it based on your new evidence.
Customer: replied 12 months ago.
I don't have new evidence. It is my word against theirs. The order has been granted and I am wondering how much jail time they are gonna give me for not complying and if my parents can stop the whole thing if they want to.
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your reply.
If you cannot refute what they are saying then you need to abide by that order. Yes, your parents can stop this whole thing immediately by filing their own motion to vacate the order. I would suggest though getting a lawyer now and still filing your own motion to vacate and produce at least some witnesses that you are not a danger or threat to them and are not harassing them.