Restraining Order question in Illinois?

Question

My sister in law has a temporary restraining order against me (she obtained it with false information, but I suppose that is irrelevant to this question). Anyhow, I was out Friday night and she showed up at the club where I was. I notified the bouncer and he had her escorted out. She argued that since she has the restraining order on me, that I should leave...but I was there first. Who is right? I know each state has different laws on this, I am in Illinois. I looked over the restraining order and I can't find the answer to my question on it. Many thanks!

For "Leslie".....where in my question did I say that she frequented this club? I have never known her to go there before, and I have known her for 17 years. Also, it is an "Order of Protection", but everyone who answered knew what I was talking about when I said "restraining order", right? As I stated in my original question, the answer was NOT in the order anywhere and it is over ten pages long.

Surprisingly today, my sister in law told my mom that she is dropping the order at the court date....I have a suspicion that she realized she will be in a great deal of trouble by making false statements to obtain the order in the first place.

I informed the bouncer AFTER I saw her walk in, not before.

Answer 1

You protected yourself, and you did the right thing. You were there first. If this continues, she could be in violation of her own order. The best thing to do is to avoid her at all costs.

Answer 2

#1. Where you served with the order? The reason I ask is that in Illinois it is called an "Order of Protection" which is different then the common law restraining order. If you were served you would know the name.
#2. If served you should have been informed of the scope of the order (serving does not mean that you get the actual paper but are at the least told by an officer of the court, police, court clerk etc., that there is a lawful order and its provisions).
#3. Depending on the provisions, usually checkoffs on the actual order with spaces for specifics next to the checkoffs, you may or may not have been in violation.

As others have said common sense does usually prevail but since you had the foresight to warn the bouncer that means that you likely know that the protected party (your sister-in-law) frequents the location. If it can be shown that you do this in order to cause her to limit her movement you would normally be subject to a new more restrictive order. Being sly does not mean you are being right.

Answer 3

Even though she has a restraining order against you, you were in the right by asking the bouncer to have her leave. She cannot "seek you out" by going to a location she knows you will be, for the purpose of getting you to violate the order. That is a form of entrapment. The catch is, she had have prior knowledge that you would be there, such as if you are there every Friday night. Any other encounter could be argued as coincidental, and she would have the right to be there. If in doubt, leave, to avoid a situation.

Answer 4

In this case, your both right, but both wrong. The restraining order will usually state the conditions. Such as your able to call, visit, or be within a certain distance of the person. Because you were at the club and she showed up, you has the right of enforcement? If you didn't inform the bouncer, she would have. But in most cases you have to produce the the court order to be able to enforce it. I think the bouncer did the right thing by removing her from the scene. Conflict avoidance. When you do go to court, you both will be given the opportunity to express your sides. Until you know exactly what the provisions of the RS are, don't take any chances or you may end up in jail.

Answer 5

The restrained party is the only one in jeopardy of arrest for a court order violation. You should have left, in fact your sister can probably file a claim against the business now.

If it is a temporary order then you have not been to court yet to tell your side TROs are only good for up to 28 days. All states must follow a unified guideline for restraining order, it is called the DVROS act of 1999 and even though it is not Domestic Violence related the laws in all states must be uniform, for all restraining orders.

Again the Restrained Party is the only one in jeopardy so be very careful when you think you are in the right, because the judge won't agree. There is no 'property right' to a place open to the public just because you are there first.

Answer 6

She was in an area that you had already occupied. You have every right to be there and if she wished to up hold the restraining order she would have left willingly. Go to the court house and protest the restraining order if you believe that it was obtained on false pretense.

Answer 7

Considering you could go to jail, you should consult a lawyer to be sure but common sense says your right.

A restraining order just says you have to stay away from her but what happens when she comes to you?

Good question, Good Luck I think you will need it?

Answer 8

wouldn't hurt to speak with an attorney. The rules are different in every state, and usually the person has to have done or tried to do something violent or threatening against you in the recent past, Ignore her, no answering phone calls or letters, then there is no battle for her to win. Teach your kids not to go with anyone they don't know... Grandparents don't have any rights in most states.

Answer 9

here in delaware if you are there first she should leave.
i would call the courts on monday and ask for clarification.
but here we tend to say ok i know you have one but whomever was there first should stay. unless it's proven that you knew she would be there and only did it to tick her off.
plus the bar has a right to refuse to serve anyone for anything
so if they didn't want to facilitate the fight that probly would have ocrd. they did the right thing