In Illinois, an Order of Protection is designed to keep individuals safe from harm or harassment. When a court issues an Order of Protection, it can restrict a person from contacting or approaching the individual seeking protection. Violating this order is a serious offense with potential legal consequences. If you have been accused of violating an Order of Protection, it’s important to understand the potential penalties and legal issues that may arise.
An individual who violates the terms of an order can face arrest, fines, and possible imprisonment. The severity of the consequences often depends on the nature of the violation and whether it is a first offense or a repeat occurrence. As defense attorneys, we work with our clients to address these charges and seek the best possible outcome, whether that involves negotiation, a defense strategy, or challenging the violation claim in court.
Penalties For Violating An Order Of Protection
Under Illinois law, violating an Order of Protection can result in serious penalties. The violation can be classified as either a misdemeanor or a felony, depending on the offense. According to Illinois Compiled Statutes 750 ILCS 60/223 et seq., if a person knowingly violates the order, they can face penalties that include:
- Misdemeanor Violation – If the violation is deemed a misdemeanor, the individual can face up to one year in county jail and a fine of up to $2,500.
- Felony Violation – If the individual has previous violations or the violation involves more severe circumstances (such as threats or physical harm), it may be classified as a felony. A felony conviction can carry more severe consequences, including a prison sentence of 1 to 3 years and potential fines.
Furthermore, violating an Order of Protection may also result in additional civil penalties, such as loss of custody or visitation rights, especially if the order pertains to family or domestic violence.
It is also important to understand that even unintentional violations can have serious consequences. For example, contacting the person who requested the order—whether through social media, a phone call, or even indirectly—can still result in a violation. These seemingly minor actions can lead to legal consequences, and it is crucial to follow the terms of the Order of Protection carefully.
Defending Against A Violation Of An Order Of Protection
If you are accused of violating an Order of Protection, there are several defenses that may be available, including:
- Lack of Knowledge – If you were unaware of the order or did not have proper notice, this can sometimes be used as a defense.
- No Violation Occurred – Sometimes, the alleged violation is based on a misunderstanding or misinterpretation of the terms of the order. We can investigate whether you actually violated the order.
- Emergency Situations – If you were forced to act in an emergency, such as protecting your child or property, this may be a valid defense.
Each case is unique, and the defense will depend on the specific facts surrounding your case. Our team of attorneys will work with you to build a strong defense and protect your rights.
Illinois Order Of Protection FAQs
What Is Considered A Violation Of An Order Of Protection In Illinois?
A violation of an Order of Protection occurs when the person named in the order engages in prohibited conduct. This can include contacting, threatening, or coming within a certain distance of the protected individual. Even indirect communication, such as having someone else send messages to the petitioner, can constitute a violation.
What Are The Consequences Of Violating An Order Of Protection In Illinois?
The consequences depend on the severity of the violation. Violating an order can lead to criminal charges, fines, and imprisonment. A misdemeanor violation may result in up to one year in jail and a fine, while a felony violation may carry a prison sentence of 1 to 3 years, depending on the circumstances.
Can A Violation Of An Order Of Protection Affect My Family Law Case?
Yes, a violation can have significant consequences in family law cases. If the Order of Protection relates to domestic violence or child custody, a violation can affect your rights to custody or visitation. The court may consider the violation as evidence of potential danger to the child’s safety.
Can I Defend Myself Against A Violation Of An Order Of Protection?
Yes, there are defenses available, including arguing that you were unaware of the order, that no violation actually occurred, or that you acted in an emergency situation. Each case is different, and an experienced attorney can help you determine the best defense strategy.
Can I Be Arrested For A First-Time Violation Of An Order Of Protection?
Yes, even a first-time violation can result in arrest, especially if the violation involves direct threats, physical harm, or contact with the person seeking protection. Whether or not you will be arrested depends on the circumstances and the judge’s determination of the situation.
Contact Our Chicago Violation Of An Order Of Protection Defense Lawyer For Your Free Consultation
If you have been accused of violating an Order of Protection in Illinois, it’s important to understand the serious legal consequences you may be facing. At Edward Johnson & Associates, we are committed to providing aggressive and effective defense strategies to protect your rights. We will carefully assess the circumstances of your case and work with you to develop the best defense.
Contact our Chicago violation of an order of protection defense lawyer at Edward Johnson & Associates P.C. to receive a free consultation by calling 708-762-8666. Our law offices are located in Chicago, Illinois, and we serve clients throughout the entire Chicagoland metro. Don’t let a violation of an Order of Protection impact your future—let us help you build a strong defense.