According to Illinois law, an order of protection is an order from a judge either prohibiting a person from certain actions or ordering that person to do something based on a previous domestic violence dispute. An order of protection is also commonly referred to as a restraining order.
(See Illinois Bodily Harm Laws 720 ILCS Sec. 12-30 & Illinois Domestic Violence Act of 1986)
Can you help me with a Restraining Order Violation Charge?
Yes, if you are charged with violating a restraining order you have constitutional rights that need to be upheld. Our attorneys are aware of your rights and know exactly how to protect them in this type of case. For example, if a judge orders a restraining order against you but you were never adequately informed of the restraining order you cannot be found in violation.
Whether you are being falsely accused of a violation or weren’t thinking clearly one day, our lawyers can help you. We understand that there are many reasons why people violate restraining orders and we want you to know that you can count on us to be on your side.
It doesn’t matter what the situation is. Maybe you violated a restraining order because you went back to your house to get some clothes or because you and your spouse were beginning to get along again.You can even be accused of a protection order violation if you didn’t initiate contact, or contact happened by accident!
There are also many cases when a restraining order should not have been issued, under the explicit requirements of the statute. If you have a protection order out against you, and don’t think it is fair, we can challenge the order on a number of grounds. However, even if the order is issued unfairly, you still need to abide by it’s terms until it is removed.
Everyone has a unique situation and it’s important to choose an attorney who truly cares about you and takes the time to listen to your concerns. Call us today to set up a free consultation and we will review your case with you and give you valuable advice about your legal options.
Restraining Order Violation – Penalties in Illinois
A violation of an order of protection is a Class A Misdemeanor which carries a possible sentence of up to one year in jail and a fine of up to $2,500.
Judges are encouraged to impose a minimum penalty of 24 hours in jail for a respondent’s first violation of an order of protection and 48 hours in jail for any additional violations.
Depending on your criminal history, an order of protection can be a Class 4 Felony which is why it is very important to review your individual case with one of our attorneys.
Please take advantage of our free case evalution and criminal defense consultation on any Illinois criminal charge, including a violation of a restraining order/protection order.