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I have a question regarding an order of protection, making…

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I have a question...

I have a question regarding an order of protection, making an order of protection, filing a police report for a battery that happened over a month ago.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Chicago IL

Lawyer's Assistant: Has anything been filed or reported?

Not yet on my behalf. I just received an order of protection with no court date apearance

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

I don't think so, I can hash the rest out with them

Submitted: 8 months ago.Category: Legal
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Answered in 12 minutes by:
9/14/2017
Lawyer: Barrister, Attorney replied 8 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,644
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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If you can post your legal question and some of the background story about this I should be able to help..

.

.

thanks

Barrister

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Customer reply replied 8 months ago
My ex, who has not returned my things or an email, blocked my on every level just had me served with an order of protection. There is no court date. I happen to end up where she was and then she left and I was served by 8 cops this order. It seems very loose goose.. on that note. I am wondering how I can get an actual order of protection from her a court date and actually file battery charges on her for several circumstances.
We work in the same industry and I have no idea what is up with this girl now. We were together for 2 years, it was a very violent relationship on her end. I just wanted my things back maybe a convo about the split but I have said nothing threatening to her or gone near her at all. In fact I was out of town for two weeks and came back to this to total surprise..
I want and need to protect myself and I would like to file charges for battery from several instances
Lawyer: Barrister, Attorney replied 8 months ago

It sounds like she filed for an "ex parte" order which is one that is issued just on the written claims of the petitioner. So she would have had to go to the court, fill out a request in writing and set out her claims about why an order should be granted. Then if the judge feels it is warranted, he can issue the OP.

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As for your claims, you would do the same thing... you can file a private criminal complaint against her with the police and then take a copy of that to the court and file a petition for your own OP against her.

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But if you need to go back to her home to get your personal property, you would need to request a sheriff escort to go with you so you don't end up violating the OP and get arrested.

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If you have the sheriff contact her and she refuses to allow you to get your property, you will have to file suit against her for "conversion", which is the wrongful keeping of the property of another, and "replevin", which is its return.

.

.

thanks

Barrister

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Customer reply replied 8 months ago
what is this thing really? It states that I have to stay away from the petitioner and protected persons at additional locations. We run in the same circles. Does that mean that I would be arrested if she's somewhere and i show up and vice versa ?Also, how long do I have to file a report about battery? time frame?
Customer reply replied 8 months ago
This is just drama and its already effected my career and social standing. I do not, can not have this bullshit going on for no reason. I have to reason to talk to her, engage. But I do have a right to be in the same space, bar, club,event. We work in the same industry.
Customer reply replied 8 months ago
I have no reason to talk to her.
Lawyer: Barrister, Attorney replied 8 months ago

Does that mean that I would be arrested if she's somewhere and i show up and vice versa ?

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Basically it means that if you go somewhere she is, you would need to leave and have no contact. If you are somewhere first and she shows up, you would need to leave if the order says you can't be within XX feet of her..

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And yes, it sucks... but she has the order and if she calls in a violation, the police will come and arrest you and let the DA figure it out later whether it was justified or not...

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You have up to a year to file a formal criminal complaint.

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You can always file a motion to dismiss the OP and the judge would then set a hearing date to determine whether it should be dismissed or continue..

.

.

thanks

Barrister

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Customer reply replied 8 months ago
Ok, so the order says nothing about feet. I also would like to file for an order of protection, file charges for battery, and sue her for loss of work. How would that apply in this case?
One of us has to leave or we both get arrested?It also says "Petitioner has been granted possession of certain personal property"? So I am confused about that because that is the whole freaking reason I reached out to her via email. So I am supposed to wait until I get a call from the sheriff? and then they come and grab it? Or what? What about my stuff?
Lawyer: Barrister, Attorney replied 8 months ago

How would that apply in this case?
One of us has to leave or we both get arrested?

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Correct. mutual violations of the orders..

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So I am supposed to wait until I get a call from the sheriff?

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Correct again..

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Customer reply replied 8 months ago
Also, I am being sued from my last land lord for destruction of property. She distroyed the property, I have witnesses and video of her in action. I really didn't know at what point I would take action. In fact I was going to ask her just to pitch in on the legal fees. Then out of know where, this OP. She was not on the lease but like I said. I can prove it was her with the witnesses. And yes, of all of the violence I have endured from this woman, at one point she bit off my finger nail and I lost a job after not being able to work and showing up late due to the injury.I really was just going to try to be as peaceful as I can be in regards ***** ***** on but I feel like I need to build a case from all sides for all reasons now. Clearly, reason has nothing to do with what ever this is.
Customer reply replied 8 months ago
34;she has no reason" is not reasonable. This is too weird considering nothing is or was going on until the OP
Lawyer: Barrister, Attorney replied 8 months ago

If she is responsible, then you sue her for anything that your landlord sues for and gets a judgment against you..

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Customer reply replied 8 months ago
am I correct to assume this is just a temporary order and then I will get an official one soon? What can I do in the process to protect myself?
Lawyer: Barrister, Attorney replied 8 months ago

That is what I assume.. most temporary orders last up to 2 weeks and there is a hearing then if the petitioner wants to extend it further where you can appear and argue against it being extended.

.

And the only thing to do now is don't have any contact at all until the hearing if she wants to extend it..

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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,644
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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