What Are the Consequences for Violating a Protective Order in Illinois?
If you are accused of domestic violence, you may also be the subject of a protective order. Courts issue protective orders to preserve the safety and well-being of domestic violence victims. They may be imposed if the offender allegedly abused, harassed, or intimated the victim. An order is also warranted if the personal liberty of the victim was allegedly violated, or they were willfully deprived of basic necessities so as to put them at risk of physical, mental or emotional harm.
Protective orders are issued when an alleged victim is threatened or harmed by a former or current household or family member, including:
- People related to the offender by blood
- Those who reside in the same home as the offender
- People who have a child with the offender
- A person who is married to or dating the offender
- People with a disability or other high-risk adults at risk of abuse.
The State of Illinois takes domestic violence very seriously and imposes harsh penalties for violating a protective order.
First Time Violators
It does not take much to violate a protective order, the respondent may do so by simply calling, texting, or emailing the defendant. He or she can also violate the order by coming within a certain distance of the defendant.
A first-time violation of a protective order brings a Class A misdemeanor charge in Illinois. Violators may face fines up to $2,500 and up to a year in prison. Additionally, convicted parties may be required to undergo counseling and complete community service.
Second Time Violators
Second-time violators face harsher penalties. The possible fines go up to $25,000 and the offender may be sent to prison for over a year with a maximum sentence of three years.
Contact a Chicago Criminal Defense Attorney
Being charged with domestic violence and facing a protective order is a trying experience. Being denied contact with a loved one is something difficult to accept. There are also serious legal ramifications for breaching any of the terms of the protective order.
Although the situation is dire, it is important to remember that people accused of a crime have rights. An experienced criminal defense attorney can ensure you are treated fairly and provide a vigorous defense of your rights in a court of law.
If you need a Chicago domestic violence defense attorney that is dedicated to his clients, contact Luisi Legal Group today at 773-276-5541 for a free initial consultation.
Source:
https://illinoisattorneygeneral.gov/women/ordersofprotection.html