Violation of Order of Protection
A person charged with domestic violence may be made subject to an order of protection forcing the person to quit the family home, refrain from having contact with family members, give up possession of firearms, pay support, or any other number of orders or prohibitions. The family law and criminal defense attorneys at Lee & Fairman, LLP help people avoid having an order of protection imposed upon them unfairly. In addition, our lawyers provide advice and representation to individuals charged with violating an order of protection, which is a criminal offense that could lead to serious negative consequences if the state secures a conviction.
Illinois Laws on Order of Protection Violations
Section 12-3.4 of Illinois Compiled Statutes 720 ILCS 5/ makes it a crime to violate an order of protection. Under this law, a person can be charged with violation of an order of protection if the person either:
- knowingly commits an act prohibited by the court; or
- knowingly fails to commit an act ordered by the court
Violation of an order of protection is a Class A misdemeanor, which can lead to a convicted offender being sentenced to up to a year in jail and/or fined up to $2,500. In addition, violation of an order of protection can be charged as a Class 4 felony if the individual has a prior order of protection violation or a prior conviction for domestic battery . In this case, the penalties on conviction can include up to three years in prison and up to $25,000 in fines.
It does not matter whether the order of protection was issued in a criminal proceeding or a civil proceeding; any violation is enforced by the criminal courts, and a knowing violation of an order of protection constitutes a crime against the protected parties, according to section 112A-23 of Illinois statutes 725 ILCS 5/. In addition, being prosecuted for violating an order of protection may also cause the individual to be prosecuted for any crime which may be charged in conjunction with the alleged violation. A violation of an order of protection may also be prosecuted as a civil or criminal contempt charge, with potential penalties including incarceration, fines, restitution, attorneys’ fees and costs, and community service.
Get Help with Charges You Violated an Order of Protection
Having a violation of an order of protection on your record can impact you in many ways beyond any punishment imposed. For instance, an allegation of Domestic Battery would normally be charged as a Class A misdemeanor, but if there is a prior conviction for violation of an order of protection, then the offense becomes a Class 4 felony. As with any offense, an arrest for violation of an order of protection should be taken very seriously. The criminal defense attorneys at Lee & Fairman, LLP can provide you with the practical legal advice and effective representation you need to achieve the most positive outcome in your situation. For immediate assistance, call (708) 799-4848 in Homewood or (773) 644-5915 in Oak Lawn, or contact us online for a free consultation.