If I file a motion to request the respondent in an Order of Protection case to have a drug test conducted, who pays for it?

Asked over 1 year ago - Taylorville, IL

Respondent has filed a motion to vacate the O.P. & i do not want to vacate

Attorney answers (2)

  1. Judy A. Goldstein

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . If you ask for a drug test, be prepared to pay for it. If you think drugs are an issue with the Respondent, the better approach would be to bring witnesses to testify as to behavior and use. Give the judge a reason not to vacate the OP. Consider hiring an attorney to help you respond to the motion to vacate.

  2. Luke Allen Thomas

    Pro

    Contributor Level 11

    Answered . I don't believe you will be successful in Christian County to have the court force a drug test in a civil O.P. matter. If you suspect the respondent is on drugs and this poses a risk to you or other protected persons, simply present witness testimony to support your allegations. The judge can read between the lines.

    In most circumstances, if you ask for the test then you pay for it. Also as a word of caution, if seen judges order both parties take a drug test even when only one party raises the issue. What's good for the goose is good for the gander I suspect.

    Be sure to show up on time for your hearing(s). Articulate each and every reason why you believe the respondent poses a risk to you support by factual examples.

    Good luck!

    This response is being provided for information purposes only and does not constitute an attorney client... more

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