Violating an Order of Protection in Illinois
An order of protection is a court order that restricts a target’s right to engage in certain behavior or be in certain locations. Typically, the order will prevent a target from contacting or being within a certain proximity to another person or that person’s home, work, or family members. Violating an order of protection can subject the target to severe penalties, including jail or prison time. Read on to learn more about protection orders in Illinois, and reach out to an experienced Chicago criminal defense lawyer if you have been accused of violating a protection order or have been charged with a crime in Illinois.
What are the Penalties for Violating an Order of Protection?
Often, an order of protection may be imposed to protect a spouse, child, or ex-boyfriend or girlfriend of the target. Violating that order can take the form of calling, texting, emailing, or confronting the protected party in person at their work or home. Having a third-party pass messages on to a protected party may also constitute a violation.
If you are subject to an order of protection and you violate that order, you may be charged with a Class A Misdemeanor for Violation of Order of Protection. You may face up to a year in county jail, although probation, conditional discharge, and supervision may be available.
Violating an order of protection a second time is chargeable as a Class 4 felony offense, punishable by one to three years in prison and a fine of up to $25,000. The court may choose to sentence the defendant to probation rather than an extended prison sentence, but a second offense carries a minimum of 24 hours incarceration in jail. The same punishment applies for violating an order of protection that was imposed after conviction for certain violent crimes, including murder, aggravated domestic battery, stalking, sexual assault, or other violent offenses.
Judges are very unforgiving for defendants who violate an order of protection, and they tend to punish violators very harshly. If you have been accused of violating an order of protection, it is vital to secure the help of a dedicated and zealous criminal defense attorney as soon as possible. Your attorney may be able to help you get the violation charges dropped or the penalty kept to a minimum, depending on the circumstances of your case.
EFFECTIVE ILLINOIS CRIMINAL DEFENSE ATTORNEYS IN CHICAGO AND CAROL STREAM
If you or a loved one are facing criminal charges in Illinois, protect your future and your family by seeking representation from talented, effective, and dedicated Chicagoland criminal defense lawyers. Contact the Carol Stream or Chicago offices of Johnson, Westra, Broecker, Whittaker & Newitt at 630-665-9600.