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posted on 11/17/15

Illinois has two broad categories of orders of protection—civil orders of protection and criminal orders of protection are both part of Illinois’s efforts to protect domestic violence victims. However, there is a low threshold of proof required to get an order of protection issued. Moreover, the consequences to the accused can be severe.

How and Why a Criminal Order of Protection is Issued 

Any individual who claims that he or she has been the victim of domestic violence can go to his or her local county courthouse and ask for an Emergency Order of Protection. A form will have to be filled out and a statement will need to be made under oath. Next, a judge will review the application. In almost all cases an order is issued. A criminal order of protection is issued when a victim plans on also filing criminal charges for the domestic abuse. Once a judge signs the order, it will be served to the accused by law enforcement.

Challenging an Order of Protection 

The emergency order of protection is only valid for 21 days. If you are served with you, you will have the opportunity to challenge the order by appearing at a scheduled court hearing. However, if you fail to show up at the hearing, the order will most likely become a plenary order of protection. This will keep it in place for two years. Thereafter, a plenary order can be extended for a one year period upon good cause shown.

Orders of protection are a matter of public record. Even if you are never charged with a crime or you are acquitted of a crime, the order of protection can keep you from getting employment or volunteering in schools.

Defenses to Violations of a Criminal Order of Protection

Violating the conditions of a criminal order of protection is a crime. In many cases you may be arrested for violating the order, even if you had not been served with the order if law enforcement determines you were aware that an order was likely to be issued.

You can violate an order of protection by simply contacting the victim. Orders of protection bar you from the home of the victim, even if you also live there. Defenses to violation of a protective order include the following:

  • Lack of service of the order;
  • Proof that you were at another place when the alleged contact occurred; and
  • The order of protection was defective or improperly issued.

Consequences of Being Convicted of Violating a Criminal Order of Protection 

A first offense for violation of an order of protection is a Class A misdemeanor. You can be sent to jail for a maximum of one year. If you violate an order of protection more than once, you can be charged with a Class 4 felony. The maximum sentence is one to three years in prison.

If you have been served with an order of protection, or have been accused or charged of a domestic violence crime, you need to speak with knowledgeable Schaumburg domestic violence lawyer right away. Call Glasgow & Olsson today at 847.577.8700 to schedule a consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000600HArt%2E+II&ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000