Client Released From Kane County Jail in Violation of Order of Protection Case
By: James G. Dimeas | May 2, 2015 | Recent Victories |
My client, a resident of Wisconsin, was pulled over by the Illinois State Police for speeding in Kane County Illinois with his ex-wife in the front passenger seat and their 2 minor children in the back seat. My client and his ex-wife were taking the children to the Shedd Aquarium in Chicago. When the trooper ran our client’s name on his computer, he discovered that there was an active Order of Protection out of Wisconsin which prohibited my client from having any contact with his ex-wife, except to discuss child support a child custody issues on the phone. The police arrested my client and charged him with Violation of an Order of Protection. I appeared in Court for my client yesterday and talked to him in the lock up. He informed me that the Order of Protection was amended in August of 2014 when the divorce was finalized to allow him to be with his ex-wife for any events or trips involving the minor children. The prosecutor did not have the police reports or the Order of Protection in his file. A nominal bond had been set by the Court which also required that a GPS tracking device be placed on our client in the event that bond was posted and he was released from jail. This made it impossible for our client to be released, even though his family had the funds to post the nominal bond, because he lived in Wisconsin and had no residence in Illinois to allow for the GPS device. The state was unwilling to agree to us asking the court to amend the conditions of his bond because we needed to prepare a written motion and provide at least 3 days notice. This was a Friday and the client would be fired if he did not go to work on Monday morning. The case was continued for 2 weeks for the prosecutor to obtain the police reports and the Order of Protection. Upon leaving court I spoke to the client’s mother in Wisconsin and had her go to the local courthouse and obtain a copy of the Amended Order of Protection. She faxed me a copy of the Order of Protection. The Amended Order of Protection allowed my client to be in the presence of his ex-wife as long as they were doing things with the minor children. I emailed and faxed a copy of the Amended Order of Protection to the prosecutor in Kane County. Later in the afternoon the prosecutor called and agreed to allow the court to remove the GPS requirement. I dropped everything and drove back to Kane County and the Sheriff brought my client back to Court before Court ended for the day and the Judge signed an Order removing the GPS requirement. The client’s family posted the bond and my client was released that evening. He can go back to work on Monday and will not lose his job.