Do I need a lawyer for an order of protection hearing. in dupage county

Asked over 3 years ago - Wheaton, IL

me and my wife are still married there is no petition for divorce. we have been maried for eleven years. She has been gome for a month. I have not heard or seen my children in all this time. I was finally served on january 23rd with an emergency order of protection from my wife filed in dupage county il even though we live in will county il.I was also told that my wife had checked herself into a battered womens shelter. She and my two minor children have been there an entire month. Absolutely no violence went on at my home prior to her leaving we had an argument and she decided to leave as she has done many times in the past with my children. She usually comes back in acouple of days.I have one arrest in 2004 for domestic abuse but it was dismissed. I have no other arrests of any kind.I

Attorney answers (4)

  1. David Matthew Gotzh

    Pro

    Contributor Level 20

    Answered . OP's are liberally granted in Illinois, and it may be a tactical move to set up her dissolution case (Insofar as it relates to custody). Most people get blind-sided by this tactic and respond a day late and a dollar short. After ex's lock in temporary custody, they usually move for dissolution & temporary child support (And likely maintenance, which is what Illinois calls Alimony). By the time you realize what's going on, game over.

    Consider talking to a family law attorney before you find yourself living in a van down by the river. Venue may sit in Will County (Not enough information to know for sure) - but if you don't properly object, you waive that issue.

  2. Michael J. Helfand

    Contributor Level 16

    Answered . Yes, I think you should have an attorney represent you at the hearing. Look for a local family law attorney who has handled many order of protection cases in the past. If you need a referral, feel free to give me a call. 1-800-517-1614.

  3. Chantelle Arie Porter

    Contributor Level 6

    Answered . You should definitely have an attorney. Often an Order of Protection is a tactical move to get Exclusive Possession of the marital residence or custody before filing for divorce. There are other negative implications to having an Order of Protection against you.

  4. Patrick Lee Jarrett

    Contributor Level 12

    Answered . You are facing serious allegations that can have long term consequences with regard to your access to your children. I highly recommend consulting an experienced family law attorney who practices in the county where the suit is. Many attorneys offer free consultations.

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