Protection Order Defense Strategies

Summary

The user is facing an Order of Protection in Cook County, Illinois, due to allegations of parental alienation. The user denies the allegations and has evidence to counter them, including proof of communication between the child and the biological mother. The users husband has legal representation and has joined his parentage case with the Order of Protection. The user is seeking legal representation to dismiss the Order of Protection and file one against the petitioner. The user has applied for legal aid and is awaiting responses. The user also has a pending DCFS case, which is expected to be unfounded.

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Brenda Munoz
Nice to meet you, Brenda Munoz. Could you please describe the legal issue you're facing?
someone has filed for an Order of Protection against me
What is the reason given for the Order of Protection?
"accomplice to parent alienation" "withholding stepson from communicating with biological mom" "refusing to coparent"
What is your location, Brenda? Laws regarding parental alienation vary by state.
cook county, Illinois
What evidence has been presented against you in this case?

In Illinois, parental alienation can be considered a form of child abuse. Courts may modify custody or visitation rights if proven.
none yet. hearing is coming up on */*/* . However, I have proof that the child has been communicating with his biological mom by screenshots and TMobile call records
What is the age of the child involved in this case? In Illinois, a child's preference can be considered in custody cases if they are mature enough to express a reasoned preference.
he is 10 years old. The petitioner filed an order of protection and parentage case against my husband (Childs biological father).he has a lawyer representing him. Child has lived with us full time since *, Biological mother hasnt visited him in over a year
What is the current custody arrangement for the child?
Child was born to an unmarried couple. Both mom/Dad are on the birth certificate. no custody order has been placed yet. Mother could no longer care for child in *, asked the father to care for him and he has been living with his dad and me full time since.
What steps have you taken so far in response to the Order of Protection and parentage case?
my husband has filed for an appearance for a parentage order, he obtained lawyer representation, and joined his parentage case with his order of protection
What is the name of the court where the hearing will take place?
For me, i have signed ino ZOOM court and said i deny the allegations, hearing in person was scheduled on */*/* at Circuit Court of Cook County, Illinois county department, Domestic Relations Division
What is the name of your husband's lawyer? It's important to have legal representation in such cases. The Circuit Court of Cook County can be reached at (*) *-* for any queries.
Nicole Smith
What is the nature of the evidence you have to counter the allegations? In Illinois, evidence like call records and screenshots can be crucial in proving communication between the child and the biological mother.
I have solid evidence showing that she has been harassing me since the beginning of my relationship with my husband in *. I have multiple Facebook pages blocked of hers, I have call records showing she contacts me first, screenshots of verbal abuse, she takes pictures from my social media to harass me via text, she has made false reports to DCFS (the agent that came on */*/* said the case was unfounded- still waiting on the paper from Springfield), and lastly I called * on */*/* because she was outside my home harassing me and video recording my home for over * minutes. I told police I didn’t feel safe and my kids couldn’t continue their daily activities because of being harassed by her. I also have proof that her son does in fact talk to her, and texts her that he doesn’t feel safe/comfortable with being with her in person. He has the freedom and his own device to speak to her but due to emotional and verbal abuse received from the petitioner, my stepson does not wish to communicate with his biological mother.
Have you shared this evidence with your husband's lawyer, Nicole Smith? In Illinois, harassment can be grounds for a restraining order, which could potentially influence the custody case.
yes, she's aware i have an order of protection against me as well. I have shared most of the screenshots/records with her
What is the nature of the Order of Protection against you? In Illinois, violating an Order of Protection can result in criminal charges, fines, or jail time.
The biological mother is alleging that I am an "accomplice to parent alienation" "withholding stepson from communicating with biological mom" "refusing to co-parent"
What steps have you taken to address the allegations in the Order of Protection against you?
i have signed into ZOOM court and said i deny the allegations, hearing in person was scheduled on */*/*
What is the name of your legal representative for the upcoming hearing?
i am looking for legal representation to get the order dismissed and file one against the petitioner
What type of legal representation are you seeking? A family law attorney or a criminal defense attorney?
family law
What is your budget for legal representation?
the most
What specific outcomes are you hoping to achieve with your legal representation?
*
What steps have you taken to find a family law attorney within your budget? In Illinois, legal aid organizations might be able to help if you can't afford a private attorney.
i am looking to get the CNCO order dismissed and file an order of protection against the petitioner
What evidence do you have to support your request for an order of protection against the petitioner?
video and pictures of the petitioner outside my home on */*/*, days after she filed the CNCO petition against me on */*/*, in the video, you can see her standing outside my home for over * minutes, recording and zooming in into my house. I called * stating I was being harassed and was scared to come out of my house or let my children continue their daily activities. Also, call records show she sends up to * messages at a time, back to back, harassing us on our mobile devices.
Have you reported these incidents to the police and do you have any police reports or * call records? In Illinois, such evidence can be crucial in obtaining a protective order.
i requested a copy of the voice/video recording of the interaction on */*. petitioner also came to my house with police on */*/* at *:* AM demanding the police to remove my stepson from our house. The police did not allow this. Petitioner also called the police to my house on */*/* because she "feared" for her child's safety, police came to do a wellness check and spoke with our child
What is the status of your request for the voice/video recording of the interaction on */*? In Illinois, such evidence can be crucial in court proceedings.
last time i checked, it was assigned, under review
What is the expected timeline for the review of your request for the voice/video recording?
just checked and says "in progress: does not give time frame
What is the name of the agency or department you requested the voice/video recording from?
online at Office of Emergency Management and Communications (OEMC)
What is the case number for your Order of Protection? This will help in tracking the progress of your case. The OEMC can be reached at (*) *-* for any queries.
* OP *
What is the name of the petitioner who filed the Order of Protection against you?
Sonia Espinosa
What is the current status of the DCFS case that was reported against you?
unfounded
What is the case number for the DCFS investigation?

In Illinois, an "unfounded" DCFS case means the allegations were not supported by credible evidence. It can be beneficial to your defense.
waiting on the case papers to be mailed from Springfield
What is the case number for the DCFS investigation?
I do not have the case #
What is the name of the DCFS agent who handled your case?
First name Martha- contact # *-*-*
is there a website i can search for the case #?
Yes, you can search for your case number on the Cook County Clerk of the Circuit Court's website.
i cant seem to find where to view DCFS case numbers
You can contact DCFS directly at *-*-*-ABUSE (*-*-*-*) to inquire about your case number.
i am on the phone trying to obtin that number
case number is 2569920A
What is the status of the case with the number 2569920A?
pending
What is the nature of the pending case with the number 2569920A?
the report was very severe, claiming we are running a drug house, with heavy gang activity, guns, and drugs available in kid's reach, kids are not safe. The DCFS agent took pictures of my family home, interviewed us, stated that the kids look healthy and safe, and the agent notified us the report would come back unfounded, we just have to wait for the document in the mail
What is the expected timeline for receiving the document from DCFS stating that the report is unfounded?
*-90 days from the time it was report was filed on */*/*
What is the current status of your search for legal representation?
i have filed for help in two locations but have not obtained any lawye yet
What are the two locations where you have filed for legal help?
illinoislegalaid.org/
What is the status of your application with illinoislegalaid.org?

- Illinois Legal Aid Online can be reached at (*) *-* for any queries.
chicagoadvocatelegal.com
What is the status of your application with chicagoadvocatelegal.com?
chicagoadvocatelegal.com has not responded yet. I emailed on */*/*
What is the nature of the help you are seeking from illinoislegalaid.org and chicagoadvocatelegal.com?
i am looking to get legal help to have the CNCO order dismissed and file an order of protection against the petitioner
What is the status of your application with Illinois Legal Aid Online?
i have a call scheduled for */*/* at 930am-* am
What is the nature of the call scheduled with Illinois Legal Aid Online?
looking to get legal help to have the CNCO order dismissed and file an order of protection against the petitioner
What is the CNCO order that you are referring to?
case number * OP *
case number * OP *
What is the specific allegation in the CNCO order under case number * OP *?
"accomplice to parent alienation" "withholding stepson from communicating with biological mom" "refusing to coparent"
What steps have you taken to ensure the child's communication with his biological mother is not hindered?
the child has his own device, the child can call/text/video call whenever he'd like. The child chooses to not communicate frequently with his biological mom Due to emotional and verbal abuse received from the biological mother, texts from her saying "i wish I would've killed you when I had the chance", "You're a horrible child" and "I'm not your mom anymore" "I'm never coming back to get you because you're an embarrassment " and more...
Have you reported these abusive messages to the authorities? In Illinois, such behavior can be considered as child abuse and can influence custody decisions.
I have sent the screenshots to the DCFS agent that visited my home on */*/*
i have not reported it to police and i'm unsure if they can make a report about the abusive texts
Have you considered reporting these abusive texts to the police? In Illinois, harassment through electronic communications can be considered a criminal offense.
I have considered it but when i went to file a report, they said it was a civil matter and not criminal because the biological mother hasnt made any physical threats
What is the name of the police department you contacted to file a report?
i went in person on */* to the 15th district department on * W Madison
they told me they couldn't do anything about the texts/I had a folder with proof of emotional/verbal abuse via text and call records showing she contacts my family * times in a row, even after we text "stop harassing me".. the police didnt take a look at any evidence in the folder. said this was a civil matter
What is the name of the officer you spoke with at the 15th district department?
i do not recal name
Do you have any documentation or receipt from your visit to the 15th district department?
nothing was given to me. they said they couldnt do anything or file any report
What is the date and time of your visit to the 15th district department?
monday July *, between *:00pm-*:* pm. I went to the station with my husband and two kids. there was a white male sergeant on duty, a young lady helped us
What was the outcome of your visit to the 15th district department? Did they provide any advice or next steps?
the outcome was very disappointing. They did not offer resources, a number to call, or anything. They simply said to go to the courthouse downtown because it's a civil matter.
What steps have you taken since your visit to the 15th district department?
the very next day */*/*, we went to Daley center in Chicago downtown to file for parentage. The defendant had filed the same on */*/*, so my husband just filed for appereance and paid his fees.
What is the current status of the parentage case that your husband filed at the Daley Center?
it's pending. I'm unsure of his next court date
What is the case number for the parentage case your husband filed at the Daley Center?
i do not have his case number available
Can you please provide the name of your husband's case?
Eric Magee
What is the full name of the biological mother involved in this case?
Sonia Espinosa
What is the full name of the child involved in this case?

In Illinois, the child's preference can be considered in custody cases if they are mature enough to express a reasoned preference.
my husbands full name is Eric JR Magee
What is the full name of the child involved in this case?
childs name is Joel Magee
childs name is Joel Magee
What is the current living arrangement for Joel Magee?
Joel lives full-time with me and Dad, he has been with us since */*. we are * % responsible of taking him to school, picking him up/ any extracurriculars/camps are all been paid by dad and I. His Biological mom has visited him within those years, sometimes monthly, other times every other month, and recently, she hasn't come visit him since March *, until */*/* when she showed up with police demanding them to remove Joel from our home.
What is the current legal status of Joel's custody?
pending, we are fighting for sole custody. currently no status
What is the reason for seeking sole custody instead of joint custody? In Illinois, courts generally favor joint custody, but will consider sole custody if it's in the best interest of the child.
we have a suspicion that the biological mom suffers from mental illness or narcissistic disorder, she emotionally abuses the child via text, she has an older daughter whom she lost custody of in *(deeming her unfit), the child does not feel safe being with the biological mom. Ideally, we would love mandated therapy/counseling for mom, and supervised visitation in presence of a therapists
Have you documented instances of emotional abuse and shared them with your legal representative? In Illinois, the court considers the mental and physical health of all individuals involved when determining custody.
yes
tes
What is the name of the court where the custody case will be heard?
Iam unsure of the name
Could you please provide the address of the court where the custody case will be heard?
cook county circuit court