Can I get attorney’s fees reimbersed after an order of protection case is dismissed?

UPDATED: May 10, 2012

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Can I get attorney’s fees reimbersed after an order of protection case is dismissed?

My wife was able to get an emergency order of protection against me by lying on the petition. Now the case has been dismissed without prejudice, after my wife’s testimony the judge spoke with all of the attorneys in his chambers, ordered a recess after that and the 2 attorneys came to an agreement. Because of the agreement, did I waive my right to file a petition to have my wife pay my attorney’s fees?

Asked on May 10, 2012 under Family Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the matter filed against you by your wife for an emergency protection order against you was dismissed where you did not sign any agreement or spoke on the record in court about the terms of resolving the dispute against you, you seemingly would not have waived your right to file a petition to have your wife pay your attorney's fees under the law.

In order to be sure, you should consult further with your attorney representing you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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