Someone out of state who is having an affair with my spouse got an order of protection based on lies. What can I do?
Asked in McHenry, IL on January 4, 2026 Last answered on May 29, 2026I hired a private investigator to make sure his spouse knew of his extramarital affairs. Shortly after that he took out an order of protection against me. Claimed that a window in his office was shot out. Again I live in a different state. He also said I have the financial capacity to hire someone to do my bidding for me. Is there any civil action I can take against him? Based on his lies.
2 answers
Unfortunately, you'll have to contest the petition for order of protection. Once you get the petition for order of protection dismissed, you can sue the person who filed it in the same case for all the expenses you incurred defending yourself.
“Untrue statements. Allegations and denials, made without reasonable cause and found to be untrue, shall subject the party pleading them to the payment of reasonable expenses actually incurred by the other party by reason of the untrue pleading, together with a reasonable attorney’s fee, to be summarily taxed by the court upon motion made within 30 days of the judgment or dismissal, as provided in Supreme Court Rule 137.” 750 ILCS 60/266
If the court didn't issue the petition for order of protection, it must have found the allegations contained therein to be untrue. Therefore, the court "SHALL subject the party pleading them to the payment of reasonable expenses actually incurred."
I am sorry you went through this.
you can challenge his OP or file a petition for a cross OP.
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