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What Are the Penalties for Violating an Illinois Order of Protection?

Posted on in Domestic Violence Defense

Will County criminal defense attorney order of protection

Domestic abuse is a serious criminal offense in many states. According to the Illinois Domestic Violence law, any person who hits, kicks, chokes, harasses, threatens, or interferes with the personal liberty of a family or household member has broken the law. In many cases, a spouse may accuse his or her partner of abuse during their marriage. If the alleged victim fears for his or her safety, he or she can obtain an order of protection. This is a legal document that restricts the alleged abuser from doing certain things. For example, contacting the alleged victim via phone or coming within a certain distance of his or her home or work. Any violation of a protective order can result in serious penalties in Illinois. 

Types of Protective Orders

Often called a “restraining order,” an order of protection may be issued against someone who is accused of domestic violence. Basically, these types of orders prohibit an alleged abuser from continuing to threaten or abuse the person who obtained the order. Besides physical abuse, this may also include intimidation, interference with personal liberty, or willful deprivation. 

Protective orders can also serve as temporary rulings on important divorce-related issues such as the allocation of parental responsibilities (child custody) and rights to marital property. In some cases, a disgruntled person may accuse his or her spouse of abuse out of revenge or in order to gain an advantage in child-related determinations. 

The type of order determines how long the person issued it must comply with its restrictions:  

  • Emergency: Lasts 14-21 days

  • Interim: Lasts up to 30 days

  • Plenary: Last up to two years

Protective Order Violations

In Illinois, violating an order of protection is not taken lightly. The penalties include jail, restitution, fines, or community service depending on the circumstances. A violation can be charged as a class A misdemeanor, which carries a mandatory 24 hours in jail for a first offense but ultimately could result in up to one year in prison and $2,500 in fines. However, if the violation involves minors, it may be a Class 4 felony, resulting in up to three years in prison. 

In certain situations, an individual may try to circumvent a restraining order. This can be attempted by using a third party to take any action that they cannot take without violating the protective order, that party may be liable for violating the order.

Contact a Will County Criminal Defense Lawyer

Some arguments can escalate and turn into physical altercations. However, in some cases, an individual can make a false allegation of abuse against his or her significant other. Even if the accusations are false, if you are issued a protective order, you must comply with it. If you violate any of the terms of the order, you can face serious punishments. At Reeder & Brown, P.C., we know the impact this can have on you and your family. Our tenacious Joliet order of protection defense attorneys will defend your reputation and help you avoid further criminal charges. Call our office today at 815-768-4800 to schedule a private consultation.

Sources:
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100
https://ilga.gov/legislation/publicacts/fulltext.asp?Name=100-0607

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