Posted on June 20, 2009 by John Steele
Although impossible to know, I often wonder what percentage of Orders for Protection filed in Cook county are legitimate. Not very many would be my guess. Soon I shall once again go to court for another client who has been accused of violence against their significant other, amazingly filed at the exact same time as divorce paperwork! Here is how the (scam) OFP works:
One parent wants to (a.) be the residential parent for the children, and get the monthly check that accompanies custody, or (b.) wants exclusive possession of the home. So they suddenly realize (usually with the suggestion by someone else who has already done this) that they can claim, with or without proof, that their loved one abuses them. Then a judge decides who is telling the truth. Its a classical he said-she said.
There are legitimate cases of abuse and there are some people that need protecting. Those situations are pretty easy to see however, as there are police reports, neighbors, past criminal problems, etc. Another note: Why is there so few OFP’s filed when there is no children (and forthcoming child support checks) in the relationship?
There is a backlash occuring however. Judges that find people who have lied about the need for an OFP are dealing harshly with false accusers. I shall not mention how I handle those situations since I am currently involved on several of these cases.
Lastly, it is up to lawyers to look at the situation, and not go along with every demand of their clients. Lawyers who go along with frivilous claims are selfish and hurt their own client. Why? Lawyers know that OFP’s ensure anger, litigation, and more fighting (and thus more fees). OFP’s-Use with caution. Posted on June 20, 2009 by John Steele
Although impossible to know, I often wonder what percentage of Orders for Protection filed in Cook county are legitimate. Not very many would be my guess. Soon I shall once again go to court for another client who has been accused of violence against their significant other, amazingly filed at the exact same time as divorce paperwork! Here is how the (scam) OFP works:
One parent wants to (a.) be the residential parent for the children, and get the monthly check that accompanies custody, or (b.) wants exclusive possession of the home. So they suddenly realize (usually with the suggestion by someone else who has already done this) that they can claim, with or without proof, that their loved one abuses them. Then a judge decides who is telling the truth. Its a classical he said-she said.
There are legitimate cases of abuse and there are some people that need protecting. Those situations are pretty easy to see however, as there are police reports, neighbors, past criminal problems, etc. Another note: Why is there so few OFP’s filed when there is no children (and forthcoming child support checks) in the relationship?
There is a backlash occuring however. Judges that find people who have lied about the need for an OFP are dealing harshly with false accusers. I shall not mention how I handle those situations since I am currently involved on several of these cases.
Lastly, it is up to lawyers to look at the situation, and not go along with every demand of their clients. Lawyers who go along with frivilous claims are selfish and hurt their own client. Why? Lawyers know that OFP’s ensure anger, litigation, and more fighting (and thus more fees). OFP’s-Use with caution.
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