Domestic Battery Rolling Meadows
Case Conclusion Date: April 9, 2018
Practice Area: Domestic Violence
Outcome: Charges Reduced
Cook County, Lake County, DuPage County, Kane County, McHenry County and Will County
An Order of Protection is an extraordinary civil remedy created by the Illinois Legislature which prohibits the Order of Protection Respondent to have contact with or stalk the Order of Protection Petitioner. Emergency Orders of Protection are sometimes entered unilaterally by a judge for a Petitioner who swears before the judge that they have been a victim of domestic violence or are being stalked. The Respondent has a right to a hearing on a Petition for Order of Protection. However, unlike a criminal charge where the State’s burden of proof is beyond a reasonable doubt, to obtain a Plenary Order of Protection, which can be up to two (2) years in scope, the Petitioner need only establish the need for an Order of Protection by a preponderance of the evidence, a much lower burden of proof than in relation to a criminal charge.
An Order of Protection hearing will often encompass far more evidence than a criminal trial. For example, if a person is criminally charged with Domestic Battery the court need only decide whether there was a domestic relationship and whether there was a battery. The issues are very limited in a criminal case and much about the relationship is irrelevant. In other words, it is irrelevant to a judge whether someone in a relationship is cheating, is being stalked or harassed, or the relationship has a dysfunctional history. All that matters to a criminal judge is whether a person was battered or not.
In an Order of Protection hearing, the Petitioner is given far more leeway to establish the need to be protected by court order from the Respondent. Thus, the nature of the relationship, threats, acts of violence of property destruction are highly relevant to a judge in an Order of Protection hearing. Constitutional issues are not implicated in an Order of Protection hearing as it is civil in nature. For the same reason, hearings on Petitions for Orders of Protection are heard by judges only, not by juries.
Please contact attorney David S. Meyerson at (847) 513-6600 in relation to your Order of Protection case.
An Order of Protection is an extraordinary civil remedy created by the Illinois Legislature which prohibits the Order of Protection Respondent to have contact with or stalk the Order of Protection Petitioner. Emergency Orders of Protection are sometimes entered unilaterally by a judge for a Petitioner who swears before the judge that they have been a victim of domestic violence or are being stalked. The Respondent has a right to a hearing on a Petition for Order of Protection. However, unlike a criminal charge where the State’s burden of proof is beyond a reasonable doubt, to obtain a Plenary Order of Protection, which can be up to two (2) years in scope, the Petitioner need only establish the need for an Order of Protection by a preponderance of the evidence, a much lower burden of proof than in relation to a criminal charge.
An Order of Protection hearing will often encompass far more evidence than a criminal trial. For example, if a person is criminally charged with Domestic Battery the court need only decide whether there was a domestic relationship and whether there was a battery. The issues are very limited in a criminal case and much about the relationship is irrelevant. In other words, it is irrelevant to a judge whether someone in a relationship is cheating, is being stalked or harassed, or the relationship has a dysfunctional history. All that matters to a criminal judge is whether a person was battered or not.
In an Order of Protection hearing, the Petitioner is given far more leeway to establish the need to be protected by court order from the Respondent. Thus, the nature of the relationship, threats, acts of violence of property destruction are highly relevant to a judge in an Order of Protection hearing. Constitutional issues are not implicated in an Order of Protection hearing as it is civil in nature. For the same reason, hearings on Petitions for Orders of Protection are heard by judges only, not by juries.
Please contact attorney David S. Meyerson at (847) 513-6600 in relation to your Order of Protection case.
Case Conclusion Date: April 9, 2018
Practice Area: Domestic Violence
Outcome: Charges Reduced
Case Conclusion Date: December 7, 2017
Practice Area: Battery
Outcome: Conviction and mandatory court fees only
Case Conclusion Date: August 29, 2017
Practice Area: Disorderly Conduct
Outcome: Case Dismissed
Case Conclusion Date: July 18, 2017
Practice Area: Domestic Violence
Outcome: Charges Dismissed
Case Conclusion Date: April 10, 2017
Practice Area: Aggravated Battery to a Child (Class X Felony)
Outcome: Charges Dismissed
Case Conclusion Date: February 28, 2017
Practice Area: Order of Protection
Outcome: Order of Protection was Denied