An order of protection can have serious and lasting consequences. It may limit where you can go, who you can contact, and even affect your housing, employment, or parenting rights. In Illinois, these orders are often issued quickly, and sometimes without hearing your side of the story first.
If you’ve had an order of protection entered against you, you might be wondering: Can I appeal it? The short answer is yes, but there are strict rules and timelines you’ll need to follow.
At Hirsch Law Group, our attorneys understand how stressful these situations can be. We represent clients throughout Illinois in criminal cases and protection order hearings, and we can help you understand your rights and your options moving forward.
What Is an Order of Protection?
An order of protection is a court order intended to prevent one person from harming or harassing another. In Illinois, these are commonly used in cases involving alleged domestic violence or threats of harm. The person requesting the order (the petitioner) can ask the court for emergency protection, sometimes without the other person (the respondent) present.
Orders of protection can:
- Restrict contact with the petitioner
- Require you to leave a shared home
- Limit your access to children
- Impact your ability to own or possess firearms
- Show up on background checks
If you’ve been served with one, it’s essential to take the matter seriously, even if you believe it was filed unfairly or don’t fully understand the steps to obtain an order of protection in Chicago.
Can an Order of Protection Be Appealed?
Yes, you have the right to appeal a plenary order of protection, which is the longer-term version issued after a court hearing. Emergency orders are temporary and often expire quickly, so they’re typically not appealed, but you may still have legal options.
Here are the main ways you can challenge or appeal a protection order:
1. Filing a Direct Appeal
You can file an appeal with the Illinois Appellate Court if you believe the judge made a legal error in granting the order. This must be done within 30 days of the final order being entered.
Your appeal will need to show that:
- The court misapplied the law
- There wasn’t enough evidence to justify the order
- Your rights were violated during the hearing process
Appeals are not do-overs. The appellate court doesn’t re-hear the case. Instead, it reviews the existing court record for mistakes. This process is highly technical and usually requires help from an experienced criminal defense attorney who understands both trial and appellate procedures.
2. Filing a Motion to Vacate or Modify the Order
If new facts have come to light or your circumstances have changed, you can file a motion with the trial court asking the judge to vacate (cancel) or modify the existing order.
This may be appropriate if:
- The petitioner no longer wants the order in place
- You’ve complied with the terms and want more freedom
- You have new evidence that wasn’t available at the original hearing
Even if your motion is denied, it can help build a record if you choose to pursue an appeal later.
What Happens If You Violate the Order?
While you’re exploring your appeal options, it’s crucial to follow the order exactly as written. Violating an order of protection can lead to arrest and criminal charges, including jail time or additional penalties.
In Illinois, violating an order is a Class A misdemeanor, but repeat violations or those involving violence may be charged as felonies. These cases often overlap with domestic violence allegations, which can carry additional legal consequences. If the order has affected your ability to work or maintain housing, issues related to employment and protective orders may also come into play.
Appealing Is Complex, But Possible
Appealing an order of protection isn’t easy, but it can be done with the right legal guidance. Here’s a quick summary of what to keep in mind:
- You have 30 days to file an appeal after the final order is entered
- Appeals focus on legal errors, not simply disagreeing with the outcome
- You may be able to file a motion to modify or vacate the order instead
- Violating the order while you appeal can make things worse
Because orders of protection can overlap with criminal charges like assault or battery, it’s important to work with a legal team that understands both the criminal and civil sides of your case.
Get Help Protecting Your Rights
If you believe a protection order was issued unfairly or in error, you don’t have to accept it without question. You may have options, but the clock starts ticking the day the order is entered.
At Hirsch Law Group, we help clients throughout Illinois challenge unjust orders and navigate the appeals process. If you need help understanding what to do next, reach out to our attorneys to schedule a confidential consultation.