This is the next post in my series on Peoria, Illinois family law cases which involve an order of protection. My last article discussed circumstances under which Courts will grant protective orders. It is important to understand that Courts will issue such an order when there is a credible threat of violence. The person accused of inappropriate conduct, however, will be given the opportunity to defend themselves. In this article I will discuss a topic which, unfortunately, arises too often – the need of a father to defend himself against false allegations. If you are a dad and you have found yourself in such a situation then contact my office today to speak with a lawyer.
Peoria fathers sometimes face false allegations of violence in child custody proceedings
It is not uncommon for a Peoria father to be served with a restraining order which is based upon false allegations. Claims of violence are sometimes fabricated in child custody proceedings by a parent who is attempting to gain an unfair advantage in the underlying case. Such claims may include false allegations of stalking, harassment, or even of actual violence. These claims are made due to the fact that Illinois, like other states, will typically not grant a father joint custody of a child if it is believed that the dad has committed, or is likely to commit, acts of violence. If a father is believed to be violent then a judge may even order that his visitation be supervised.
Courts may initially grant such an order as, for good reason, Judges will often err on the side of caution. A dad has options, however, for defending against such claims. These options include submitting evidence showing that claims are false. Such evidence may include records showing that the dad was somewhere else at the time of an alleged incident. Also, evidence such as phone records or emails may show that the mother is, in fact, regularly communicating with the father; Courts are quick to doubt a claim that someone is “afraid for their safety” if they are regularly communicating with the person they claim to fear. These are just a few examples of evidence which can be used to challenge a TPO that is based on false claims.
Fathers in Peoria, Illinois must take protective orders seriously even if they are based on false allegations
It is easy for a dad to see a TPO as “no big deal” if it is based on false allegations. It is important to understand, however, that the TPO is an order from the Court and it must be followed. Violating a TPO while it is still in place can result in a dad being found in contempt of court as well as in potential criminal charges. If you have been served with a protective order then it is crucial that you take the matter seriously and that you contact a lawyer as soon as possible.
I am a Peoria fathers’ rights attorney who assists with such matters. If you have been served with a protective order then contact my office today to schedule an initial consultation. In addition to Peoria, I service the cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. I also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford.