Legal Question in Civil Litigation in Illinois

Do I need a lawyer? Re: Order of Protection.

Be aware that any and all order of protection proceedings, including any orders entered, are matters of public record. That makes it a matter of YOUR record.

Most of the answers to your other questions depend first on whether you care if a permanent order of protection is entered against you. So, first read the Petition for Order of Protection which was served on you. Examine the relief sought. If the petition simply wants to prohibit you from harassing someone who you have no intention of harassing anyway, then you might not feel the same as you would if the Petition seeks (the Petition uses more formal language) to kick you out of the house, give up custody of a child, freeze your bank account, go to counseling give up possession of your car, pay attorney�s fees, pay for counseling, pay temporary child or spousal support, pay damages, pay other expenses, or more.

You don�t need to show up in court if you don�t want to (unless you have been ordered to appear by the court). The court can easily enter an order of protection against you without your presence. If you have been ordered to appear, you must appear.

You ask whether you need a lawyer to represent you, and again, if the relief sought against you and the public and personal record that the proceeding creates is no big deal, then don�t get a lawyer if you don�t want one. On the other hand, if the matters counts, you should get legal advice right away. If you began to feel severe chest pains, and shortness of breath, and weakness and dizziness, you�d seek a doctor�s opinion, wouldn�t you? In my view, you should consider the summons a form of legal angina, and seek a lawyer�s advice.

Finally, with regard to charges against you: The state�s attorney can, before or after the proceeding, charge you with a crime (example: if you hit someone, it is a battery) whether or not an order of protection is entered, whether or not you appear in court, and whether or not you are guilty. However, if you DO have a lawyer for the order of protection proceedings, he may be able to work within the system to convince the state�s attorney not to charge you. That�s just another reason to take this matter seriously and get a lawyer.

Re: Do I need a lawyer?

I agree with the previous response entirely, except that I always advise a person in your situation to hire an attorney to represent him in court. Too many important things can go against you even with an attorney, and it is almost a certainty that you will regret any decision to ignore the summons or proceed without legal counsel of your own. If this matter is pending in either Madison or St. Clair counties, I would be able to provide some assistance, and you may call me for a free telphone consultation at 314-727-2822. If this case is pending somewhere else, I strongly urge you to contact an attorney in your area. Good luck.