Legal Question in Family Law in Illinois

After representing myself for a long time in my divorce, I had an order of protection against me. At trial, he had a pretrial conference and he let the order expire and wrote up mutual restraining orders and some kind of custody agreement that my husband and I signed. I do not think he acted in my best interests. What will happen if i withdraw him and file a motion to dismiss for want of prosecution?(I have a counter-claim)


Asked on 6/26/12, 12:00 pm

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

You most likely need better communication with your lawyer. It sounds like he did a fine job of representing your interests. He made the OOP go away and got you a mutual restraining order by agreement. Restraining orders are only enforceable civilly where violating an OOP can lead to criminal charges. You don't really say anything about the custody agreement but it sounds like something which both you and your husband could live with while your divorce is winding down. Your counter-claim was dismissed by agreement when the restraining order was entered. Also it sounds like this was all done based on the Judge's recommendation after he heard the arguments of both attorneys. Don't fire your lawyer, talk to him, he got you the best possible deal.

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Answered on 6/26/12, 12:06 pm


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