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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Chicago Judge order of protection doest allow police to enter

Customer Question

Chicago Judge order of protection doest allow police to enter to conduct a wellbeing check. What can I do?
My house has been trashed to the point it might need to be gutted and my mother has been admitted to the hospital for mental issues. She has a history of it and it was made known to the police officers on scene when the wellbeing check was called and judge's order didn't allow for forced entry. That was earlier in the week.
Now police was called to the house because my mother had a break down. When I get to the house it's completely trashed.
This could of been provented complete or damage coukd of been minimalized.
Any guidance on how to proceed with such an incident?
Submitted: 2 years ago.
Category: Legal
Customer: replied 2 years ago.
The house is trashed has water damage that is leaking to lower level and can not enter the house, was only able to secure house until Monday. However water damage well be major damage.
Expert:  CalAttorney2 replied 2 years ago.
Unfortunately, if the court has issued a specific order preventing entry, the police cannot make a non-emergency entry in violation of this order.There is not a civil cause of action (or recourse) against a court or judge for issuing such an order (you cannot sue a judge or court for issuing an order, even if such an order results in damages).I am very sorry to report this to you, but it appears that you are without recourse in this regard.If your home is insured, please make sure to "tender" the claim to your insurance carrier directly as these policies almost universally require claims to be reported promptly (failing to do so can be a basis for your claim to be denied), umbrella policies can also offer coverage for this type of significant damage and should be alerted.I am very sorry to learn of this matter, and I truly do wish you and your family the best.
Customer: replied 2 years ago.
Okay. So how do I get this order of protection taken off? I mean I can not go to my house to clean up and fix the damages. Hell I can't even go to the hospital to see if my mother is okay. Do I have to wait for it to expire or can I request to see the judge and petition for the order to be dismissed?
Expert:  CalAttorney2 replied 2 years ago.
No, you do not have to wait for the order to expire. You can go to the court and make an ex parte application to have the order modified or lifted based on the circumstances.
The judge can lift the order based on the circumstances, modify the order, or make other orders as necessary in order to address the situation.