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My friend has an emergency order of protection against him…

Customer Question
My friend has an...

My friend has an emergency order of protection against him and was denied a plenary hearing because the judge sent him and the wife he's filed for divorce against to the mediator, since the divorce is scheduled for mediation starting in December. He is the residential parent and she cannot provide a safe place for the kids and he was just forced to agree to an hour supervised visitation a week and phone contact with the kids-who don't have phones. The OP allegations are about him stupidly asking her where she got this second cell phone, taking it from her, but returning it withiin a few minutes. I used to write orders and she used all the right abuse language. Also, he has no money for an atty, but she showed up with one. What is his next step please?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Illinois

Lawyer's Assistant: Have you talked to a lawyer yet?

He tried to call for free consults but all they told him is he needs a lawyer. A pro bono atty may be avail to him by like November through legal aid, but the kids are at risk until then

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just whenever he refile the divorce she tries to get an OP, this time she succeeded. But he's not being heard and she's NOT a battered woman, she's actually the perpetrator.

Submitted: 9 months ago.Category: Family Law
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Answered in 22 minutes by:
9/27/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 9 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,321
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Has he filed an objection to the emergency order of protection and received a hearing on that, since it is an emergency order issued without due process he is entitled to object to the order and seek a hearing?

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Customer reply replied 9 months ago
He has not, I didn't even know that was a thing. But I'm wondering if the judge just passed him off to the mediator who was only interested in her side of the story, wouldn't an objection suffer the same fate where he's shoved off to the the mediator by the judge again since the court seems to be adjoining it to the divorce proceedings?
Family Lawyer: Law Educator, Esq., Lawyer replied 9 months ago

Thank you for your reply.

The mediator really has nothing to do with the emergency order of protection if that is issued by the court. A court issuing an emergency order where one party does not have the opportunity to object or defend themselves, must schedule a hearing upon filing of an objection as he has a right to due process, which includes the right to confront his accuser as one of the rights. In an objection to the emergency order he would present his evidence to show the grounds for the order are false or not factual and ask the court to vacate that emergency order.

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