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Asked in Oak Lawn, IL Mar. 19, 2020 ,  1 answers Visitors: 32
How to evict a girlfriend who has placed a false emergency order of protection on me?

1 Answers

Anonymous
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Posted on / Mar. 19, 2020 12:50:50

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.

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