How Does an Order of Protection Differ from a No-Contact Order?

 Posted on October 28, 2020 in Domestic Violence & Orders of Protection

For decades, various organizations have aimed to educate and advocate for those who have been victims of domestic violence, stalking, or sexual abuse. Unfortunately, these issues are still all too prevalent in the United States. According to the National Domestic Violence Hotline, more than 1 in 3 women and 1 in 4 men in America will experience some form of rape, stalking, and/or physical abuse by an intimate partner. In the state of Illinois, committing acts of domestic violence, sexual assault, stalking, or other acts of violence is illegal. Because these crimes are often so personal in nature, orders of protection or no contact orders may be requested to prevent the offender from any further abuse. Each type of order is different and violating the terms of an order against you can result in serious criminal charges.

Three Types of Orders

Illinois offers three types of orders to victims of abusive or harassing behavior: orders of protection, sexual assault civil no-contact orders, and stalking no-contact orders. The type of order that a person requests typically depends on the person’s relationship with the offender, but it can also depend on the specifics of the case.

• Orders of Protection: An order of protection is a civil order that can be used to protect victims against offenders who are their family or household members. In Illinois, a family or household member is defined as people who are related by blood or current or former marriage, who share a home, have a child in common, or who have or had a dating relationship or engagement. A judge can grant up to 18 remedies in an order of protection, which can range from revoking a FOID card, ordering exclusive possession of the home to the victim, ordering the offender to stay away, and protecting property and pets.

• Sexual Assault Civil No Contact Orders: These types of orders are available to anyone who is a victim of nonconsensual sexual contact or penetration and can also be extended to family and household members of victims and rape crisis center workers if needed. A sexual assault civil no-contact order can grant various remedies, such as prohibiting the abuser from contacting the victim, ordering the offender to stay away from the victim and certain locations or ordering the offender to transfer to another school if the victim and offender attend the same school.

• Stalking No Contact Orders: This type of order was created to provide relief and protection to individuals who fear for their safety or suffer emotional distress because of another person, yet do not qualify for protection under either orders of protection, nor sexual assault civil no-contact orders. In a stalking no-contact order, a judge can grant remedies such as prohibiting further stalking, threats of stalking or contact with the victim, prohibit the stalker from having a FOID card, and order the stalker to stay away from specific locations.

Contact an Arlington Heights, IL Domestic Violence Defense Attorney

For any type of order violation in Illinois, a first offense can result in a Class A misdemeanor charge, while a second offense can result in a Class 4 felony charge. If you have been charged with domestic violence, sexual abuse, stalking, or violating an order, you need to speak with a skilled Rolling Meadows, IL domestic violence defense lawyer right away. Scott F. Anderson, Attorney at Law has over 25 years of experience in criminal law and will work hard to protect your best interests. To schedule a free consultation, call our office today at 847-253-3400.

Sources:

http://www.cookcountycourt.org/Portals/0/Domestic%20Violence%20Division/Forms/Protective%20Orders%20Comparison%20Sheet.pdf

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2491&ChapterID=57

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3123&ChapterID=57