An Order of Protection in Illinois is a court order that is signed by a judge and is designed to protect someone from:
- Domestic abuse
- Harassment
- Threats
- Other prohibited conduct by a family or household member or another person covered by the law
Under the Illinois Domestic Violence Act, 750 ILCS 60, an order of protection (OOP), also commonly called a restraining order, can impose legally enforceable restrictions on the person in the order. Depending on the circumstances, a judge may order someone to:
- Have no contact with a protected person, including in person, by phone, by text, through social media, or through third parties.
- Stay away from the protected person’s home, workplace, school, or other designated locations.
- Leave a shared residence, even if the respondent (the person named in the order) has an ownership interest or other rights to that property.
- Refrain from harassment, threats, abuse, or intimidation.
- Follow specific child-related restrictions, including certain custody, visitation, or communication requirements.
- Comply with firearm restrictions, when applicable under state or federal law.
If you have been served with an OOP, this can come with serious criminal consequences. Understanding the restrictions imposed by an OOP is essential to avoiding additional charges and protecting your legal rights. This is specifically true if your OOP involves possession of firearms or other weapons. For example, what may, on the surface, seem like a simple possession can quickly become a complex legal matter involving state criminal law, federal firearms restrictions, and the specific terms of the court order.
To familiarize yourself with the full extent of what your OOP means and to avoid doing anything that could lead you to suffer some of the harshest outcomes, you need an attorney. The Schaumburg weapons defense attorney at Glasgow & Olsson can give you the legal defense you need to secure the most optimal results.
An OOP Can Affect Possession
A judge can issue an emergency, interim, or plenary OOP containing restrictions tailored to the circumstances of your case under the Illinois Domestic Violence Act. These restrictions can include prohibiting firearm possession.
While an Illinois OOP does not automatically prohibit every type of property possession, certain orders can restrict firearms. Additionally, federal law may impose other limitations even when the state court order does not expressly address every possession-related issue.
As a consequence, individuals who own firearms, have them stored at home, or possess weapons for employment or recreational purposes will find that these distinctions are especially important.
If you are subject to an OOP and believe you may have violated a possession restriction, do not ignore this situation. You must follow the orders as written and avoid prohibited conduct. Failure to do so can lead to severe penalties, which is why you must promptly consult with a qualified criminal defense attorney.
Get Qualified Legal Help Today
Understanding your rights and obtaining legal representation early when you are facing allegations of gun law violations in Illinois best positions you for the most favorable results. For more information, please speak with our Chicago criminal defense attorneys at Glasgow & Olsson today and learn how decades of trusted experience can protect what matters most to you.
Our law firm is widely recognized as a leading authority in criminal law. For this reason, Attorney Thomas T. Glasgow is a trusted legal voice who is regularly invited to appear on major networks, including ABC, CNN, NBC, CBS, and Fox News.
When your rights and freedoms are on the line, having an attorney on your side with an excellent reputation and unimpeachable experience matters.