Legal Question in Family Law in Illinois

order of protection

my brother, who is schizophrenic, got an emergency order of protection against me and had me removed from my mothers house where we both lived. on the date of the 1st hearing he was served with a form 5 (involuntary hospitalization form) and admitted to a hospital for 3 weeks. he was released the day of our 2nd hearing and i didnt go because the doctors said they werent going to let him out so i thought it would be dropped. but since i wasnt there he had the order upheld for 2 years. he has moved out of the house we all live in and i am concerned that when i get served with the order that the sheriff will remove me from the house. i have never done anything to him and dont know how he can get this order when me and my mother have called the police for him assaulting and battering us. is there some way i can appeal this order and get it thrown out? i will be homeless if i am removed from the house again.


Asked on 9/21/08, 4:14 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: order of protection

Not showing up in court when you have a court date is always a mistake. Now that you have made that mistake there is no guarantee that you can fix the problem you have created. However, it may be possible for you to hire an attorney to file a Motion to set aside the Judgment and reopen the case in which your brother obtained the restraining order. Everything depends upon the facts and the timing. If you have waited too long, then you may not be allowed to even file such a Motion. I would advise you to hire an attorney as soon as possible.

Good luck1

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Answered on 9/21/08, 7:25 pm


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