Fighting Against an Order of Protection
Batavia Lawyer Helping Defend Against Your Restraining Order. Call (630) 280-3879 Now!
Whether you expected it or not, having an order of protection against you is no simple matter. An alleged victim can easily file a restraining order on the sole basis of their own claims. Since nearly every state has strict laws against domestic violence, the court will do everything it can to punish such crimes, whether they actually happened or not.
You may have no clue that your accuser was planning to get an order of protection against you, but end up discovering such actions because you were notified of a mandated court appearance, or something of that nature. Maybe you had a heated argument with your accuser that resulted in you raising your voice or slamming doors and are now suffering the unforeseen consequences.
There is no better time than now to hire me, Michael T. Schulenberg, Attorney at Law, to examine every detail of your situation and strategize an effective defense against your order of protection.
Call (630) 280-3879 today for a free case review!
Penalties for Violating an Order of Protection
When you are notified of your order of protection, you must not contact the alleged victim or violate any terms of the order. If, for example, it requires you to stay 300 feet away from the victim but you and the victim live together, I can help you find solutions to overcome such obstacles so that your livelihood isn’t at stake.
Violating an order of protection is a Class A misdemeanor, and you face up to 364 days in prison and will be required to pay a $25 fine. A second violation can be a Class 4 felony resulting in up to 24 hours of jail time and a $100 domestic violence fine, unless such fine will cause unintended harm to the victim.
Served? Contact a Batavia Order of Protection Lawyer Now!
You may have a child, home or other valuable tied to the place in which you are ordered to stay away from. Your livelihood shouldn’t suffer the damages brought on by an order of protection. I take your matter seriously and don’t think an order of protection, anticipated or not, should impact your freedom and rights.
Defenses I may employ in your case include:
- False allegations: The victim may have claimed fake or fabricated acts that are simply untrue. I can work to convince a judge that the victim’s accusations are false.
- Lack of evidence: An order of protection requires a bare amount of evidence, if any, in order to be executed. Thus, I can claim that there’s insufficient evidence to the victim’s accusations, so you have a better chance at not having to submit to your restraining order.
- Consent: It may sound strange, but there are incidents of domestic violence in which a victim consents to the defendant’s alleged behavior. For example, if you committed the alleged offense but I can successfully prove that the victim allowed such behavior, then your order may be dropped.
- Self-defense: What happens behind closed doors remains unknown from everyone except those involved. The victim may have initiated violence and dangerous behavior, causing you to engage in self-defense, which is not illegal under certain circumstances.
Don’t wait any longer to contact me. The sooner you call me at (630) 280-3879, the sooner I can begin exploring strategies needed to build an impactful, satisfactory case. When you hire me, we will work together closely so that you remain informed of your case details and confident that you have an advocate championing your best interests at all times.
“He is persistent, energetic, accurate and prudent attorney. But he is also a very kind and helpful person. We are impressd by his splendid work.”- Vyacheslav Y.
“He made it simple and easy so it was taken care of without being dragged out; while he kept my rights just as they were and updated my custody times. Taking care of issues with a level headed professional manner that I was able to depend on.”- Nicholas O.
“Mr Schulenberg was very professional and most importantly, a personable and compassionate individual. I was very satisfied with the results of my divorce and I would highly recommend his services to anyone who is looking for an attorney.”- Ariel A.