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Order of Protection - Continued

Lockport, IL |

My ex has an order of protection against me and my son, the case has been continued 3 times already due to judge conflicts. The OP has been going on 3 months now in which I have not seen my 2yr old son in 90 days going on to 120days if the next court date is set in Jan. , I recently got a call from my lawyer stating her lawyer is not able to make it that a new date has to be set. The question I have is, the last court date, there was a set date and time and agreed by both attorney's and now her attorney is backing out. Why can't I show up with my lawyer on the agreed court date and if she and her lawyer fail to appear the OP should be dropped, correct? I think this is a stall tactic to not have me see my son on Christmas and New Years! I already missed Thanksgiving, now 2 more!

Attorney Answers 3


You are entitled to a speedy hearing on the OP against you. You can object to the continuance. You should also demand on your attorney that s/he explain the judge's conflicts. If you are i Joliet, delays of this sort are not customary for the judge sitting in that courtroom.

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You have an attorney already, so you should consult with that attorney. If you think you are going to win on the op, then you should have the hearing asap.

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Usually, on an Order of Protection, if you think you've got a good case and it's not a slam dunk for the other side, you go in for a hearing on two days' notice -- you don't wait out the 21 day waiting period. THEN, when you're in on your hearing, even if the matter gets continued, you seek a visitation order under the O.P. Orders of Protection allow for visitation unless you represent a threat to the child(ren).

So, it sounds like things may have gone a little awry for you early on in this case. I suspect you represented yourself at the first few court dates and didn't know your options so you didn't ask for them.

As for this most-recent continuance threat, your attorney should get some notices off to the other attorney.

For the date to be continued, the other attorney should file a Motion to Continue the date, to which your attorney could respond and object. It sounds like no one is playing by the rules down there and it's just a free-for-all with people not showing up and not asking for relief and you getting frustrated.

Regarding the continuance request, specifically, I think it all depends on the reason the opposing counsel is seeking it. If it's because the mother has an appointment to get her nails done, that'll fail. If it's because the opposing counsel's mother just died and that is the day of the funeral, then a short (two or three days) continuance will probably be allowed.

Do you know why the other side seeks a continuance; or were you just told "she can't make it?"

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