Legal Question in Criminal Law in Illinois

Follow up to my question. My ex has an op against me. Should we be in the same restaurant at the same time do I have to leave as it is not a specified place on the order?


Asked on 3/15/13, 3:53 pm

1 Answer from Attorneys

Without reading the order in full it's really impossible to say. But if the location is not in the order and there's nothing else except a general "distance" rule, if you are there first and the intent was not to be there knowing she was going to show up, then it normally is up to the person protected by the order to decide whether to stay, but you are still bound NOT to otherwise violate the order if your ex decides to stay. But here's the problem: she could always attempt to create a problem - call the police, show the order, cause a scene to take place, etc., even if you are "cleared" at a later hearing. So if this is a place where you know your ex goes on occasion and there are other places you know she generally doesn't go, then depending on whether you think she'll over-react to seeing you, you might think twice about going to those places......

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Answered on 3/17/13, 12:17 pm


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