What Happens If I Violate an Order of Protection?

 Posted on May 30, 2023 in Domestic Violence

If you are accused of domestic violence and you have violated the terms of a protective order it could be a serious criminal offense. The only way to reverse the order is to contest the order in court with the help of an attorney. Restraining orders, even temporary ones, should not be taken lightly. Violating a protective order can lead to time in jail even if you believe that the order is not fair. You may have made a mistake or perhaps you had a valid reason for violating the order. At The Law Office of Brian J. Mirandola we understand that depending on the circumstances of your case, offering an explanation to the judge can make a big difference.

Three Types of Orders of Protection

An order of protection often comes with criminal penalties even though a civil court issued the order. It will mandate a person to stop harassing, threatening, or harming another person. The person filing the petition can file a case against a family member, the parent with whom the couple shares a child, a caregiver, a current or former boyfriend, girlfriend, spouse, or roommate. This year the process became slightly more practical because a petitioner can file an Illinois order of protection online or in person.

The terms of the ruling will vary depending on the type of protective order and the severity of the situation. In Illinois, there are three types of orders of protection issued by a court:

• An emergency order of protection offers to protect someone from immediate danger. The person accused of the abuse is not notified of this type of hearing and the order goes into effect as soon as it is approved by a judge. These orders are effective for 14 to 21 days.
• A plenary order of protection provides more long-term protection from domestic violence or other abuse and can last for up to two years.
• An interim order of protection provides the same protections as a plenary order, but only for up to one month.

A Violation Can Result in Criminal Prosecution

There are penalties for violating an order of protection. It is considered a Class A misdemeanor and you could go to jail for a year and have to pay a $2,500 fine plus court costs. If you have an extensive history of crimes involving domestic violence and have violated orders of protection in the past, then you can face a Class 4 felony and up to three years in prison along with a $25,000 fine. Whether or not you serve time behind bars will be the judge’s decision and the circumstances of your case. That is why it is important to have an attorney help you navigate the criminal justice system.

Contact an Aurora, IL Criminal Defense Lawyer

If you were accused of domestic violence and someone filed a protective order against you, an Elgin, IL criminal defense attorney can help explain your possible defense strategies to protect your rights. At The Law Office of Brian J. Mirandola we focus exclusively on criminal defense. Call [phone]] for a free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.4

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59