[IL] [IL] What do I do if the parent of my child filed an emergency protection order against me?
I was fleeing domestic violence and was working with the police department and their social worker. They brought me emergency order of protection paperwork. The abuser found out about my engagement with law enforcement and called off work that following Monday morning. He went to the courthouse and filed an emergency protection order against me, naming our one-year-old daughter in his petition. This forced me and my two sons, aged 9 and 3, to leave our home immediately. I wasn’t able to take my daughter with me. I need help.
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Based on your situation, here’s how Illinois law may support your case:
- Emergency Order of Protection (EOP): This is a temporary order. It can include provisions like prohibiting contact and granting temporary custody, but it’s not permanent (Illinois Domestic Violence Act (750 ILCS 60/)).
- Child Custody: Without a formal custody order, the court can make temporary decisions based on the best interests of the child at the hearing.
- Due Process: You have the right to present your side, including evidence and witnesses.
- Parental Rights: Even with an EOP, you retain rights unless specifically restricted by the court.
Here's what you can do:
- Understand the EOP: It’s temporary. Comply with it until the hearing.
- Prepare for the May 12 Hearing: Gather evidence (texts, emails, witness statements) showing you're the primary caregiver and refuting the abuse claims. Write a clear statement explaining your side.
- Child Custody: Since there's no current order, you can emphasize your caregiving role and concerns for your daughter’s safety and well-being.
- Seek Legal Help: Continue contacting legal aid groups or pro bono attorneys. Assistance with paperwork and hearing prep is crucial.
- Document Everything: Record all attempts to see your daughter and interactions with his mother.
- Consider Filing for Custody: After the hearing, consider filing for a formal custody order to prevent this from happening again (750 ILCS 5/601.5).
Here’s a general overview of how a custody case will go:
- File the Petition: Start by filing a petition for custody in family court.
- Serve the Other Parent: A process server or sheriff notifies the other parent (750 ILCS 5/601.5(c)).
- Court Hearings: You and the father present your cases. The judge considers your living situation, parenting abilities, and relationship with the child.
- Mediation: Some courts require it before trial.
- Trial: If no agreement is reached, a trial will be held.
Documents You May Need:
- Your child’s birth certificate
- Any court orders involving the child
- School/medical records showing your involvement
- Proof of income
- Communication records with the other parent supporting your case
Let me know if you need help finding the right forms or drafting anything.
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I was fleeing domestic violence and was working with the police department and their social worker. They brought me emergency order of protection paperwork. The abuser found out about my engagement with law enforcement and called off work that following Monday morning. He went to the courthouse and filed an emergency protection order against me, naming our one-year-old daughter in his petition. This forced me and my two sons, aged 9 and 3, to leave our home immediately. I wasn’t able to take my daughter with me. I need help.
Jessica B
Thank you for choosing AskaLawyer! My name is Jessica, and I am a licensed attorney who will be happy to assist you with your question. I am so sorry you have been subjected to domestic violence. Have you been provided a court date?
Yes, ma’am, May 12th. However, the EOP was filed on April 28th. It’s been over a week since I’ve been staying in a hotel.
Jessica B
Unfortunately, there is nothing you can do until May 12. At that hearing, you will be able to argue all of the reasons his claim is false and the order should be dismissed. Have you filed a Petition for Child Custody?
I’ve called other resources in hopes of getting legal representation, but I’ve had no luck. I don’t know what to do. He named our one-year-old daughter in his petition, so I can’t see her. He listed his mother as the person I must communicate with, and when I try to contact her, she refuses to let me see my baby. She even goes to police stations, saying I’m violating the EOP when I request visits.
Jessica B
Right now, unfortunately, there’s nothing you can do to get in contact with your daughter. You have to wait for the hearing. In the meantime, is there a child custody court order?
No, I’m not exactly sure what I’m supposed to be doing or what forms I should be filing. I’ve never been arrested, I’ve only been to court once. I was the primary caregiver to all my children. This EOP has me completely confused about what rights I have and what I can do legally.
Jessica B
Are you and the father married?
No.
Jessica B
Based on your situation, here’s how Illinois law may support your case:
- Emergency Order of Protection (EOP): This is a temporary order. It can include provisions like prohibiting contact and granting temporary custody, but it’s not permanent (Illinois Domestic Violence Act (750 ILCS 60/)).
- Child Custody: Without a formal custody order, the court can make temporary decisions based on the best interests of the child at the hearing.
- Due Process: You have the right to present your side, including evidence and witnesses.
- Parental Rights: Even with an EOP, you retain rights unless specifically restricted by the court.
Here's what you can do:
- Understand the EOP: It’s temporary. Comply with it until the hearing.
- Prepare for the May 12 Hearing: Gather evidence (texts, emails, witness statements) showing you're the primary caregiver and refuting the abuse claims. Write a clear statement explaining your side.
- Child Custody: Since there's no current order, you can emphasize your caregiving role and concerns for your daughter’s safety and well-being.
- Seek Legal Help: Continue contacting legal aid groups or pro bono attorneys. Assistance with paperwork and hearing prep is crucial.
- Document Everything: Record all attempts to see your daughter and interactions with his mother.
- Consider Filing for Custody: After the hearing, consider filing for a formal custody order to prevent this from happening again (750 ILCS 5/601.5).
Here’s a general overview of how a custody case will go:
- File the Petition: Start by filing a petition for custody in family court.
- Serve the Other Parent: A process server or sheriff notifies the other parent (750 ILCS 5/601.5(c)).
- Court Hearings: You and the father present your cases. The judge considers your living situation, parenting abilities, and relationship with the child.
- Mediation: Some courts require it before trial.
- Trial: If no agreement is reached, a trial will be held.
Documents You May Need:
- Your child’s birth certificate
- Any court orders involving the child
- School/medical records showing your involvement
- Proof of income
- Communication records with the other parent supporting your case
Let me know if you need help finding the right forms or drafting anything.
Would I be able to file the child custody petition now, or do I have to wait until after the hearing?
Jessica B
You can file it now.
Thank you.
Jessica B
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