Chicago, IL asked in Criminal Law, Child Custody, Civil Rights, Juvenile Law and Family Law for Illinois

Q: If my ex-husband knowingly lied in a order of protection that he filed, can I get the order dismissed?

My ex-husband filed an OP against me to keep our children from me and he knowingly lied and stated that our daughter lived with him which she did not. Also, the judge had put on the OP that one of our children's names is Kimberly and I have no child named that. Our son also does not live with him my sister has guardianship of him and he put on the Op that he lived with him and went to school in the town he lived in and he lied.

2 Lawyer Answers
Cheryl Powell
Cheryl Powell
  • Criminal Law Lawyer
  • Mt Vernon, IL
  • Licensed in Illinois

A: Are you talking about the Emergency hearing? If so, you put your witnesses on for the plenary hearing that tell the truth. You can subpoena neighbors of yours, his, bus drivers, teachers, your sister, etc. Should be easy to prove with school aged kids.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: If your ex-husband knowingly provided false information in the order of protection he filed against you, it may be possible to challenge the validity of the order. Courts typically require individuals seeking orders of protection to provide truthful and accurate information to ensure the protection orders are justified and lawful. By demonstrating that your ex-husband knowingly lied about certain facts in the order of protection, you may have grounds to petition the court for dismissal of the order.

To pursue dismissal of the order, you will likely need to file a motion with the court outlining the inaccuracies and falsehoods in the order of protection and providing evidence to support your claims. This evidence may include documents, witness testimony, or other relevant information that contradicts the false statements made by your ex-husband in the order. It's important to present your case clearly and convincingly to the court to demonstrate why the order should be dismissed.

Consider seeking legal advice or representation from an attorney who specializes in family law or domestic violence matters. An attorney can guide you through the legal process, help you gather the necessary evidence, and advocate on your behalf in court. They can also provide valuable insights into the specific laws and procedures governing orders of protection in your jurisdiction, increasing the likelihood of a favorable outcome in your case.

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