False accusations of domestic violence are, sadly, all too common in family law cases. Such allegations are problematic for a number of reasons. First, they undermine legitimate efforts by organizations throughout the country to prevent and eliminate the very real problem of domestic abuse that occurs in many families. Of course, false accusations also create serious issues for the person who has been accused. If that person is you, it is important to understand what you can do in family court to defend yourself.

Protective Orders and Temporary Restraining Orders

Victims and purported victims of domestic violence in Illinois are able to apply for an emergency protective order or a temporary restraining order without any advance notice to the alleged abuser. If the court finds that the victim is currently in danger and immediate action is required to keep him or her safe, an order of protection will be issued. Once the order is issued, a law enforcement officer will serve a copy of the order on the alleged abuser.

Despite decades of public awareness campaigns, physical violence and other forms of domestic violence continue to plague millions of families throughout the state and around the country. While the state of Illinois no longer recognizes any “at-fault” grounds for divorce, domestic violence still remains a major consideration within family law, as allegations and proven behavior can directly impact a parent’s suitability for parental responsibilities and time with his or her children. Proceedings for allocating parental responsibilities and parenting time, however, may play out over the course of weeks and months, so what can a victimized person do in the meantime? In some situations, an emergency order of protection may be the appropriate first step.

Filing for an Emergency Order of Protection

Sometimes known as a restraining order, an emergency order of protection is a court-issued directive that limits or restricts the behavior of an alleged abuser. An abuser who violates an order of protection is subject criminal prosecution for the violation, in addition to any other illegal actions he or she commits in the process.