My girlfriend whom I have a 5 year old daughter placed a emergency order of protection against me, after I found her cheating and I told to leave the house that we are done relation is over, she then filed a emergency order of protection claiming “mental abuse” ( completely false) and no physical contact accrued the problem is that the house deed is in my name and I have full financial responsibility to pay for the house and I take my daughter to and from school but do to the emergency order of protection I have no place to stay and I am concern about my daughter ( yes I know my next step will be to go to court for custody)
No, your next step is not to go to court "for custody." There is a return date for the Emergency Order of Protection--which is a type of case that is an exception to the current coronavirus protocols in most courts. As you have discovered, you can be deprived of possession of real estate with an EOP, and that can be turned into a two year Plenary Order if the judge determines that's appropriate. There are other consequences to these type of orders that many people don't realize. So, your first priority should be to defend that. And that means having a lawyer; these are not DIY projects. The Domestic Violence Act definitions that allow for these orders don't necessarily fit within outsiders' notions of what is covered. The Act starts at 750 ILCS 60/101.
Next is to note that "custody" no longer applies to define parent/child relationships. It is instead allocation of parental responsibilities and what it does is quite detailed. Those provisions start at 750 ILCS 5/600.
These statutes can be found online. The website www.illinoislegalaid.org may also be helpful, with explanations and links to forms.
This info may be helpful, but NONE of it replaces consulting and retaining a lawyer ASAP.
probable cause
my mother car got stolen in 2004.when police found her car my ID was in there,so is that why I have a warrent for my arrest stating probable cause? Because my mother never said to police that I stole her car. I was living with my mom at that time.
ethics and/or malpractice
Is it illegal for a person who passed the CA bar to use to title ESQ without being a licensed Attorney in the state of CA when handling business transactions, including but not limited to, International? Thanks
