How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
71563194
Type Your Family Law Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

Here is my problem it occurred in the state of Illinois my

Customer Question

Here is my problem it occurred in the state of Illinois my wifes ex has been a royal pain he has done everything to split us up called dcfs twice in less than thirty days both cases unfounded right away most recent I went to drop the child off to him cause she is scared to he got out of line and long story short I did tell him id whoop his but if he didnt stop anyway he went and filed a order of protection on me and now I cant see my wife when she has the child I love the child like my own and im super stressed and miss them what should I do ? How do I beat this order of protection?
Submitted: 2 years ago.
Category: Family Law
Expert:  CalAttorney2 replied 2 years ago.
The best advice I can give you is to go hire a civil litigation attorney to represent you (this is a summary proceeding, so they aren't going to charge you much money to represent you - but you will get the benefit of dealing with this matter quickly and professionally).
You can find local attorneys using the State Bar Association directory: , or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).
If you are not going to hire an attorney, you can represent yourself - restraining orders are based on preventing an "imminent threat of harm or death" they take into account context and they look for a threat of actual harm.
So while the actual statement that you made is not favorable - the context is going to negate it
I have defended individuals that have made similar threats in personal protective orders (again things that probably shouldn't have been said, but they weren't actual threats, followed by ridiculous restraining order motions that had no basis other than to harass my clients) - these are quickly dismissed.
Visit your local law library and review books called "practice guides" they will give you legal tips and strategies to help distinguish cases where restraining orders were granted vs those that were denied.
I highly doubt that this restraining order is going to be granted, but hire an attorney (it will both increase the odds in your favor, and take a great amount of stress off of you).
Customer: replied 2 years ago.
Ok well is that even gonna help I do have prior convictions of violent crimes and order of protections that I didnt fight
Expert:  CalAttorney2 replied 2 years ago.
In that case you absolutely do want an attorney.
Yes, you can defend this action, but you will have a harder time. Don't attempt to do this by yourself though (quite bluntly, you run a very high risk of losing the motion based on your track record). The Court will be basing its decision on the facts of this matter, but you will want an attorney to be directing your defense and presenting the court with the basis for denying it.
I do wish you the best of luck.
Customer: replied 2 years ago.
I appreciate your responses but to be honest your not telling me anything that I havnt already known by experience or just by reading on Google if u have any deeper advice I would appreciate it as well if not well then thanks for your input
Expert:  CalAttorney2 replied 2 years ago.
No, the reason you are reading the same advice on "Google" is that this is the correct information for a "general Q&A" legal forum.
Unfortunately, an individual with a record that is facing a restraining order for making a threat of violence against another person needs a lawyer. There really isn't any better advice out there.
I gave you the advice to visit your local law library and look up "practice guides" (the law librarian will point you in the direction of these books) these are the books lawyers use when preparing motions to help them with strategies and quick tips as well as cases for and against positions, but what you really need in this situation is someone that is going to both draft a compelling written opposition to this petition, and then come to court on your behalf and stand up and argue for you (you don't want to do this - again, you may be called as a witness, but I don't think you are going to be your best advocate here)).
I understand that customers don't come to Just Answer to be told to "go get a lawyer" but you also said that you were devastated because you could no longer see your wife and her child - the best way to remedy this situation is to go hire a professional. That is why I gave you the answer I did.