Legal Question in Family Law in Illinois

My wife got an ex parte emergency order of protection. At the hearing I agreed to let her extend the order of protection for 10 months until the next hearing in our divorce. But the question is can I now file a motion to dismiss this temporary order of protection? The case is in illinois.

Asked on 8/16/12, 10:33 am

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Hello. Yes, in my opinion you can file a motion to dismiss, but it will be within the discretion of the court whether to grant you the dismissal. You will have the burden of showing why you now want to have the o.p. dismissed since you originally agreed to it's extension. Will be happy to discuss this further and in more detail.

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Answered on 8/16/12, 11:16 am


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