What Are the Consequences for Violating an Order of Protection in Illinois?

 Posted on July 22, 2019 in Domestic Violence & Orders of Protection

We have all gotten into arguments with our loved ones before. When disagreements escalate to the point where one person fears for his or her safety, the police can intervene, and domestic violence charges may be pressed. Domestic violence is estimated by the National Domestic Violence Hotline to affect more than 12 million people each year. It can occur between parents and children, siblings, spouses, or people in romantic relationships who live together. Accusations of this type of violence can involve a variety of alleged behaviors, including physical, emotional, or sexual abuse. One tool that is frequently used in domestic violence cases is an order of protection, and a person who is subject to this type of order should understand what it may entail and the potential consequences for a violation.

What Is an Order of Protection?

An order of protection is a court order that can prohibit a person from doing certain things, and it may also compel a person to meet certain requirements. For example, a person accused of domestic violence may be ordered to stop any contact with their alleged victim, or one partner involved in a domestic dispute may be required to leave their shared residence.

An order of protection can be requested by any family or household member who believes he or she is being abused. If a person makes a request, and a judge believes they need protection, an emergency order of protection will be issued, and it will go into effect immediately. A court hearing will be held to determine whether or not further protection is warranted. If it is determined that more permanent protections need to be put in place, a plenary order of protection may be issued, and it will remain in effect for up to two years.

Penalties for Violating an Order of Protection

No two orders of protection will be exactly the same. Depending on the situation, the order can contain certain provisions for different actions. If you are accused of violating any of the provisions of an order of protection, you will be summoned to court to explain to the judge why you are not guilty of the alleged violation. If you are convicted of violating your order of protection, you will be charged with a Class A misdemeanor for a first offense. This means you will face up to one year in prison and up to $2,500 in fines. For a second or subsequent offense, the charge will be a Class 4 felony, meaning you will face one to three years in prison and up to $25,000 in fines.

Contact an Arlington Heights, IL Domestic Violence Defense Lawyer 

Having an order of protection placed against you can affect almost every aspect of your life. In some cases, even something as innocent and mundane as entering your home to retrieve your belongings can result in a violation. Scott F. Anderson, Attorney at Law understands how an order of protection can impact your future. As a knowledgeable Rolling Meadows, IL order of protection defense attorney, Scott F. Anderson will fight to keep your name clear. Call our office today at 847-253-3400 to schedule a free consultation.

Sources:

http://ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+12%2C+Subdiv%2E+5&ActID=1876&ChapterID=53&SeqStart=21300000&SeqEnd=23400000

https://www.thehotline.org/resources/statistics/