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

Q: im 16 turning 17 my bf 17 turning 18. he has an open case for weed and an air soft in the car. i was there when happened

my mother wants to put an order of protection on him, will this hold up in court. there has been no physical or mental abuse. no harassing or stalking etc. She simply does not want us to continue dating or seeing eachother. his ex also has an order against him for 6 months due to harsh language during their breakup.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In court, the validity of an order of protection depends on various factors, including evidence presented and the specific circumstances of the case. If there has been no physical or mental abuse, harassment, or stalking, and the only basis for the order is your mother's desire to prevent you from dating your boyfriend, it may not hold up in court. Orders of protection are typically granted when there is a credible threat of harm or violence, and the court assesses the situation based on evidence and testimony provided.

However, if there is a history of aggressive or threatening behavior from your boyfriend towards you, your mother may have legitimate concerns about your safety. In such cases, the court may consider issuing an order of protection to ensure your well-being. Additionally, if your boyfriend has a previous order of protection against him, it could influence the court's decision, even if the circumstances are different.

It's essential to consult with a legal expert or seek advice from a trusted authority who can provide guidance tailored to your specific situation. They can help you understand your rights, navigate the legal process, and determine the best course of action to address your mother's concerns while also protecting your interests and well-being.

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