What Actions Constitute an Order of Protection Violation in Illinois?

 Posted on April 08, 2020 in Domestic Battery Charges

The state of Illinois has been encouraging people to stay at home in recent weeks to stop the spread of COVID-19, but for some, this new stay-at-home rule could mean an increase in domestic violence. It is frustrating to be cooped up at home, and in certain cases, these feelings could lead to a higher rate of abuse accusations. Some people may be wondering about their legal options during a stay-at-home order. Courts in Illinois are still open for business with modified hours to ensure that victims of domestic violence can file for orders of protection. If an emergency protective order is granted, an alleged abuser may be required to find another place to stay throughout the duration of the stay-at-home order. If an order of protection has been issued against you in Illinois, it is essential that you understand its stipulations to avoid criminal charges. 

What Is an Order of Protection?

An Illinois order of protection is a legal document issued by the court that keeps a victim of domestic violence separate from his or her alleged abuser both physically and via electronic communication. Anyone who is allegedly being abused by a member of his or her household can petition for a protective order. Members of a household include:

• Spouses

• Parents or children

• Legal guardians

• Anyone related to the victim

Once the order of protection has been served to the alleged abuser, he or she will be unable to stay in the household with the alleged victim. In some cases, the recipient of the order will also be given a certain distance that he or she will need to stay away from the alleged victim. Additionally, an alleged abuser cannot have contact with his or her alleged victim via telephone, email, or social media. This is meant to ensure that an alleged victim will be protected from verbal abuse, online harassment, or other actions that can cause them harm.

What Behaviors Violate an Order of Protection?

Coming into any sort of contact with the alleged victim while an order of protection is in place will constitute a violation of the order. Other types of violations include:

• Knowingly committing any act that goes against what is written in the order

• Knowingly breaking the distance in which the alleged abuser is supposed to stay away from the alleged victim

• Contacting or harassing the alleged victim via social media with an account under a different name

Any violation of a protective order is punishable as a Class A misdemeanor in Illinois. An alleged abuser has the right to fight the order of protection and all charges of domestic violence. The named abuser may state that he or she did not commit the alleged acts of abuse, or he or she may argue that his or her actions were taken in self-defense.

Contact a Joliet, IL Criminal Defense Attorney

Being accused of domestic violence is a serious allegation that can carry significant punishments. If you or someone you know is facing domestic abuse charges or has been served with an order of protection, it is imperative that you speak with an experienced criminal defense attorney as soon as possible. The skilled legal team at Tedone & Morton, P.C. will build a strong defense on your behalf and make sure no punishments are issued without cause. To schedule a free consultation with our diligent Will County domestic violence defense lawyers, call our office today at 815-666-1285.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.4