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In Illinois, domestic battery is a Class A misdemeanor. If accused of domestic violence, a person can spend up to 10 or more years in prison or be subject to thousands of dollars in fines. To legally break the Domestic Violence law of Illinois, one must hit, choke, kick, threaten, or harass another person. If you have been ordered an order of protection, you should understand what this order means and what your next steps are.
What is an order of protection?
An order of protection is a court order that restrains the accused from committing acts of violence but is only available to family or household members—this includes dating relationships, former spouses, and caretakers. An order of protection can do many things depending on the severity of the case. This can include:
● Requiring the accused to go to counseling.
● Ordering the accused to stay away from specific locations.
● Requiring the accused to appear in court.
● Requiring the accused to turn over weapons to local law enforcement.
● Prohibiting the accused from continued domestic violence.
How does one obtain an order of protection?
An order of protection is obtained in civil court. The person filing must submit a petition with sufficient evidence of the abuse for the Order of Protection to be granted. They can also file a petition with the exact case number as a pending case or submit a petition in conjunction with a criminal case.
The three types of orders available in the state of Illinois are:
1. Civil No Contact Order protects victims of sexual assault.
2. Stalking No Contact Order protects people from stalking behavior.
3. Order of Protection protects people from family, former partners, or household members.
What happens if I’m accused of violating the order?
If a person violates an order of protection, they will receive a Class A misdemeanor and can face jail time up to a year with additional fines. If a second order violation happens, the accused can face a felony charge, 24 hours of jail time, and a $100 fine for domestic violence. Despite popular belief, a person can still be arrested for domestic violence even if they have not been served with an Order of Protection.
Have you violated an order of protection?
Violating an order of protection is not taken lightly in Illinois and can lead to a prolonged time in jail with extensive fines. If you have violated an Order, you should refrain from giving statements to the police or family until legal counsel is given. A criminal defense attorney can provide you with criminal and civil procedural advice that could benefit your case.
If you or a loved one has violated an order of protection and are seeking legal advice, don’t hesitate to reach out. Contact our office today through our website or give us a call at (888) 473-4058.