No contact order for domestic battery vs civil OFP.

Asked about 2 years ago - Chicago, IL

If I already have a no contact order from a domestic battery arrainment, which has been going on for 7 months. How successful will my spouse be in getting a temporary OFP against me in civil court now since I already have the no contact under criminal?

Attorney answers (3)

  1. Daniel G. Galivan

    Contributor Level 17

    2

    Lawyers agree

    Answered . When her Petitiotn for the civil OP comes up before a judge, the court will inquire whether there is a criminal or domestic relations matter currently pending (the Petition itself asks for this information) and will likely transfer her Petition to that court if it's in the same county. If she wants an OP, she can have the state file for one in the criminal case; I assume the "no contact" in relation to the criminal matter is merely a condition of bond. If you are not represented in these matters, you need to consult an experienced attorney NOW. If she succeeds in getting an OP againt you, it will go with you for the rest of your life; it is not eligible to be expunged. www.galivanlaw.net

  2. Judy A. Goldstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If the clerk who takes in the Petition for OP is doing his/her job, the No Contact Order will show up and the court will not order an OP. Don't count on that, though. You need to consult with a local experienced attorney to discuss all your facts. Bring any paperwork you have when you meet with the attorney.

  3. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    Answered . A no contact order is just that "no Contact". She might be asking for things other than just no contact. Also other parties might be needing protection like children or even pets (yes, they can now be covered). So I would say not knowing all the facts it is really impossible to answer your question. Yes she can get an Order of Protection also especially if it is arising out of a different set of facts and/or asking for different relief.

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