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Petitioner in restraining order keeps inviting me to where she is staying

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hi every body

Junior Member
What is the name of your state (only U.S. law)? ILLINOIS

My question involves restraining orders in the State of: Illinois

Long story short, my ex gf has filed a temp harassment order. Hearing is set for upcoming week. Its a no contact order with all the fixins. We met 1 year ago and now have a baby. My child is not named in the order. Alleged harassment stems from my suspicions of her infidelity stemming from her phone at her old apt being in an ex bfs name, lewd pictures in her cell phone and me recently phoning a mans number in her phone. The 3 of us have pretty much been together a full year and Ive been with my baby everyday since being born although the 3 of us didn't live together. In January she and the baby began living with me. One night in bed she told me that she was cheating. I became angry and she started a verbal altercation. She went to live with a relative for 3 days or so. When she returned she told me that she was joking about cheating but I was still angry. The next day I dialed a mans number in her phone and questioned him about suspected infidelity. She in turn became angry and dialed 911 and told the cops that I was blacking both her eyes and that she felt threatened. Upon arrival police found neither her or my child with any signs of physical abuse but I WAS taken into custody for a traffic warrant. The cops knew that the allegations of abuse were all horse crap. To my knowledge there are no past police reports concerning harassment or physical abuse by petitioner. The police asked her to leave my home as she was not on the lease. The next day when Im released from jail fro traffic warrant Im served with the harassment order which Im assuming was filed out of anger, vengeance, embarrassment, getting kicked out apt etc. The next day after being served I started to become concerned about our child so I phoned the local sheriff to ask if I could call one of her relatives about the well being of my child. The Sheriff confirmed that this was ok according to the order. After I began contacting her relative in regards to my baby the petitioner then began phoning and harassing me by leaving voice mails. This carried on for a couple days. One day I got a voice mail stating that my baby was in need of pampers, milk, money orders etc. I did not respond. About 2 days later I received a call from the petitioner stating that she forgives me and wants to reconcile and she invited me over for sex and for me to provide items for my child. Like a dumbass I go to see her. Her calling me to invite me to where she was staying which was listed on the order to bring items for my child, and petitioner and I having sex while order was issued lasted 4 days or so. She has now been calling everyday trying to get me over to the house she is staying and like a dumbass each time I go. The most recent calls involve her saying things like "forget the restraining order", "lets make up" "Im moving back in so add me to your lease" etc. Even having her mother to call me and blame everything on me. I know that I should've hung up phone and ignored her, and that technically I did violate by talking to her and making physical contact with her upon her request but I wanted to see my son and plus all kinds of emotions are being thrown around and I still care so I still went. Each time that she called asking for pampers, milk, sex, therapy, added to the lease, asking me to come over or her harassing me was voice recorded on my cell phone. I plan on bringing my cell phone to court. She has not made attempts to have restraining order lifted and hearing is set for the upcoming week. Now when she calls me she appears to be talking in circles and lying. Was this all a trick to have me incarcerated or the order entered? Am I going to jail? I don't have lawyer. what are the possible outcomes here
 
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quincy

Senior Member
What is the name of your state (only U.S. law)? ILLINOIS

My question involves restraining orders in the State of: Illinois

... my ex gf has filed a temp harassment order. Hearing is set for upcoming week. Its a no contact order with all the fixins. ... About 2 days later I received a call from the petitioner stating that she forgives me and wants to reconcile and she invited me over for sex and for me to provide items for my child. Like a dumbass I go to see her. ... and like a dumbass each time I go. ... I know that I should've hung up phone and ignored her, and that technically I did violate by talking to her and making physical contact with her upon her request but I wanted to see my son and plus all kinds of emotions are being thrown around and I still care so I still went. ... Was this all a trick to have me incarcerated or the order entered? Am I going to jail?
There is nothing "technical" about your violation of the no contact order. You very clearly violated your no contact order.

Yes, it is possible that your ex-girlfriend may have "tricked you," so that the current temporary order would become a permanent one. Yes, it is possible that you could go to jail for violating the no contact order.

The order was an order that you needed to obey - not a suggestion by the court. The order did not make an exception for you to have contact when your child needed Pampers and your ex-girlfriend wanted sex.

What I recommend you do now is to consult with an attorney in your area for a review of the facts of the order and your violations of it, and I recommend you have this attorney with you when you attend your hearing. It is possible that the judge may dismiss the order or it is possible that the judge will make it a permanent order.

It will be important for you to approach the hearing with the right attitude (and this attitude should not be a "get back at my ex for her prior indiscretions" attitude). Your attorney can advise and prepare you best.

Good luck.
 
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I'mTheFather

Senior Member
Get one.

Depending on your circumstances, this link may help. Scroll to the bottom (though you ought to read the rest of it, too):

http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=7362
 

quincy

Senior Member
I don't have a lawyer what should I do?
Find one, perhaps? ;)

Whenever a decision made in a legal matter can potentially affect your life for a long time, having an attorney review the facts and advise you on your options is sensible.

That said, I understand the costs involved in hiring an attorney. If you are unable to afford one, you may want to contact the court and ask the court clerk if there are free or low cost attorney services available in your area - and take a look at I'mTheFather's link.

In the meantime, I strongly recommend you stop violating the terms of the order. If your child needs supplies, you can have someone else deliver them.

Good luck.
 
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hi every body

Junior Member
What happens if I don't follow the instructions in the Order of Protection?

If you violate the terms of an Order of Protection, you can be arrested and charged with violating it. If you are convicted, you may be subject to a fine or jail time. To prevent this, you must follow all of the instructions in the Order of Protection as soon as it begins.Your accuser cannot violate the Order of Protection because the Order only affects you. For that reason, the Order doesn’t prevent your accuser from voluntarily meeting with you. If your accuser voluntarily meets with you, you cannot be charged with violating the Order. But be wary of meeting with your accuser if the Order says that you are to stay away from your accuser. Unless you can prove that the meeting was voluntary, you may be charged with violating the Order.

Remember that you must continue to follow the Order of Protection until it ends. Carefully read the Order of Protection to determine the exact date that the order expires.












so according to this I should be ok
 

single317dad

Senior Member
I don't have a lawyer what should I do?
From your first post I'm not entirely clear what the upcoming hearing is actually about. Have you been charged with 720 ILCS 5/12-3.4, Violation of an order of protection? Is this a hearing to make a temporary order permanent? Or something else entirely?

If you're having a hearing regarding the protective order, you should do everything you can to refute her claims and stop the court from entering further/extended/permanent protective order(s). When there's a protective order against you, it's much like carrying around a grenade with the pin pulled. One false move and you can land yourself in jail.

At any rate, you need to completely remove this person from your life. No more phone calls. No more listening to her messages. For the love of Pete, no more booty calls. Find an intermediate party or court-approved neutral location to handle exchanges of the child. If you haven't already, go to court to establish paternity, custody, visitation, and child support. Get it all in writing and ordered by the judge. You don't want to have another argument leading to another protective order 3 years from now when she won't let you see the child. Go on with your life without this woman in it, or mark my words, you're going to wish you had.

so according to this I should be ok
Don't be foolish. It'll be your word against hers. The meetings will not be seen as voluntary if the tears start flowing.
 
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hi every body

Junior Member
Im the legal father and we both agreed to be bound by DNA. DNA test says baby is 100% my child. This is only what is called ex parte if Im not mistaken. When we go to court in a few days the judge will decide if the order sticks or not. I cant afford a lawyer. I can prove that the meetings were voluntary based on the recorded voice data in my phone if the judge will hear it. also my mom spoke to her mom to about the voluntary meetings between petitioner and I being ok and Im sure my mom would confirm this in court. She invited me over for sex, drinks and family time and even the Super Bowl and hopefully petitioner would not deny this in court. Plus the order is a crock of ****. I never hit her and she had no reason to feel threatened. If only I could pull the 911 tape and youll see that she is clearly lying because she told the cops that I was beating her like she stole something yet I was not charged with any acts of physical violence, just the traffic warrant. Im also compiling receipts, call logs etc
 
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I'mTheFather

Senior Member
Im the legal father and we both agreed to be bound by DNA. DNA test says baby is 100% my child. This is only what is called ex parte if Im not mistaken. When we go to court in a few days the judge will decide if the order sticks or not. I cant afford a lawyer. I can prove that the meetings were voluntary based on the recorded voice data in my phone if the judge will hear it. Im also compiling receipts, call logs etc
Proof that you will benefit from a lawyer.
 

quincy

Senior Member
Im the legal father and we both agreed to be bound by DNA. DNA test says baby is 100% my child. This is only what is called ex parte if Im not mistaken. When we go to court in a few days the judge will decide if the order sticks or not. I cant afford a lawyer. I can prove that the meetings were voluntary based on the recorded voice data in my phone if the judge will hear it. also my mom spoke to her mom to about the voluntary meetings between petitioner and I being ok and Im sure my mom would confirm this in court. She invited me over for sex, drinks and family time and even the Super Bowl and hopefully petitioner would not deny this in court. Plus the order is a crock of ****. I never hit her and she had no reason to feel threatened. If only I could pull the 911 tape and youll see that she is clearly lying because she told the cops that I was beating her like she stole something yet I was not charged with any acts of physical violence, just the traffic warrant. Im also compiling receipts, call logs etc
Phone calls in Illinois cannot be recorded legally unless both parties to the call consent to the recording. From the Digital Media Law Project, see http://www.dmlp.org/legal-guide/illinois-recording-law.

You need an attorney.
 

TigerD

Senior Member
OP: Do you understand the collateral consequences of having a full order of protection against you?

I'm going to bet no.

Take quincy's advice. For the love of God, take quincy's advice. You cannot afford not to.

DC
 

hi every body

Junior Member
Proof that you will benefit from a lawyer.


this site is awesome! ok so like I said me getting a lawyer is completely out of the because I cant afford one and plus the hearing is literally right around the corner so I don't have the time. KNOWING this, then what is my next best move? like I said, I don't think that any prior police reports exist and if they do I was never charged with anything. also I have compiled AT LEAST 12 VOICE MEMOS WITH DAY & DATE since the order being issued where she is asking me to do things like use 3rd party to mail money & items for baby, saying that she wants to reconcile, get married, add her on my lease, move back in, invite me over for voluntary meetings & bring items for child and to spend time with her etc. Also what I stated in my initial post describing exactly what happened is pretty much fairly accurate to the "T". I know that you haven't heard her side but based on what Ive written so far what should I expect/do in court.
 
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hi every body

Junior Member
Phone calls in Illinois cannot be recorded legally unless both parties to the call consent to the recording. From the Digital Media Law Project, see http://www.dmlp.org/legal-guide/illinois-recording-law.

You need an attorney.

I also have voice memos of her suggesting that she was well aware of the fact that she was being recorded. Me recording her didn't just start now. She IS WELL AWARE that I loved to tape her calls to be used for sentimental value for times when she was away. also in this last batch of recent voice recordings I told her that she was being taped and she agreed
 

I'mTheFather

Senior Member
this site is awesome! ok so like I said me getting a lawyer is completely out of the because I cant afford one and plus the hearing is literally right around the corner so I don't have the time. KNOWING this, then what is my next best move? like I said, I don't think that any prior police reports exist and if they do I was never charged with anything.
Oh, dear.
also I have compiled AT LEAST 12 VOICE MEMOS WITH DAY & DATE where she is asking me to do things like use 3rd party to mail money & items for baby, saying that she wants to reconcile, get married, add her on my lease, move back in, invite me over for voluntary meetings & bring items for child and to spend time with her etc. Also what I stated in my initial post describing exactly what happened is pretty much fairly accurate to the "T". I know that you haven't heard her side but based on what Ive written so far what should I expect/do in court.
Judging by your postings, I expect that the OOP will not be dismissed and you will be charged with violating it.

Too bad you won't even consider a consult with an attorney before you go to court.
 
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