What Happens if an Illinois Order of Protection Is Violated?

 Posted on May 27, 2021 in English

Domestic violence can occur in a variety of different ways, including but not limited to physical and verbal abuse, threats, stalking, and harassment. In the state of Illinois, an order of protection may be granted to help individuals who feel that they are in danger. Unfortunately, an order of protection does not always work, as the abuser may still find a way to contact the victim. In cases such as this, it is important to discuss the events of your situation with an experienced order of protection attorney.

What Is an Order of Protection

An order of protection is a document approved by the court that would make it illegal for a certain individual to engage in a certain behavior, such as contacting or coming within a certain distance of the victim. The terms of an order of protection are decided by a judge, who will make this decision based on the presented facts.

Consequences of Violating an Order of Protection

Once an order of protection has been established, it is illegal to infringe upon the terms of that order. In Illinois, a violation of an order of protection is a Class A misdemeanor, which could result in jail time (up to 364 days) and a fine of $25. If a second infringement is committed (or if an infringement is committed following a conviction of a serious crime against a family or household member), a felony charge may result. In addition, a second violation must result in 24 hours of jail time and a $100 fine (unless the increased fine will cause harm to the victim). If an individual is charged with a crime and the victim is a family or household member, the individual charged will most likely not be allowed to contact the victim or enter the residence for a minimum of 72 hours. If the abuser violates this order, additional charges may result.

Contact a DuPage County Orders of Protection Attorney

If you are searching for a form of legal protection against a certain individual, the attorneys at J. Aldrich Law, P.C. are prepared to help. Dedicated to helping our clients achieve their legal goals, our experienced Naperville, IL family lawyers will utilize teamwork and communication to fully understand the facts of your situation and help you secure legal protection. Call 630-953-3000 to schedule a free initial consultation.

Source:

https://illinoisattorneygeneral.gov/women/ordersofprotection.html#:~:text=Violation%20of%20an%20Order%20of,member)%20can%20be%20a%20felony.