Actions for a violated order

Jesse Barrientes: Well the other side, the other party certainly likes to have that ace, because now, who is the power? Who has the position of power in that scenario?

David Siegel: The person who has the order.

Jesse Barrientes: The person who has the order of protection. Right. Exactly right. We talked about before, about if you’re already in the context of a divorce with a Joliet divorce lawyer, you could certainly go in on an order of protection and bring a petition, and dependent upon where you’re at, it would be heard in front of the same judge who is hearing the divorce. But you can also do other things as well. You could file a petition for a temporary restraining order to be followed by an injunction. They’re similar.

Temporary restraining order – same deal. It’s only entered for a short period of time, up to 21 days, until a hearing can be had, and then once a hearing is undertaken, and if the court agrees, now it turns into, instead of a temporary restraining order, a preliminary injunction that can go for a much longer period of time. And again, you’re seeking to restrict somebody from doing something, or sometimes you’re seeking somebody to do something. Sometimes we file petition for temporary restraining order for different kinds of things – if somebody takes money out of an account or something – but sometimes we do that because there’s a threat.

David Siegel: And that’s done without notice, initially.

Jesse Barrientes: That can be done without notice too, but what I always like to do, if at all possible, especially if there is an attorney on the other side, too, is to give some kind of notice – give them a call or fax them something or give them kind of a heads-up that this is going on – because we just want the court to make a determination, to be able to resolve the situation.

David Siegel: Right. I guess not as strong as an order of protection, but if the two parties are living together in the same house and it becomes unlivable, one party can bring a motion for exclusive possession of the marital home and actually have somebody put out of the house. It’s not an OP but it is, to the same effect you’ve removed that individual from the marital residence.

Jesse Barrientes: Right. And that’s a little different than when you’re going in, again, ex parte, for the emergency when the other party isn’t there to defend themselves and say, “Hey, yeah, I did that,” or “No, I didn’t do that,” or “I don’t know what she’s talking about. She’s the one that pushed me down the stairs.”

David Siegel: Right. And if the judge doesn’t hear those allegations that they need to hear in the emergency or temporary motion, it’s going to get denied. It’s going to get thrown out if the judge doesn’t hear enough to sustain it.

Jesse Barrientes: Sure. If I go in to get an order of protection because – “You know what? She yelled at me. She hurt my feelings.” Well, that may be but –

David Siegel: There better be a threat.

Jesse Barrientes: Right. And you have to prove things. For example, like you’re a protected party, so if we’ve ever had a relationship with somebody – if it’s just someone from work – that’s not the protected party, and then you have to pursue another avenue to be able to do that. So an order of protection isn’t, you can’t just pick somebody – “Oh look here. There’s this person named Rachel who looked at me strangely. I’m going to get an order of protection against that person.”

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