What is the penalty for violating an order of protection in Illinois?
Any person who violates an order of protection in Illinois will likely face Class A misdemeanor charges. The punishment can include up to one year in jail and a $2,500 fine. The court may also sentence the defendant to probation, counseling, and community service.
What happens when an order of protection is broken?
Violating a protection order can result in additional criminal charges. Violating a criminal protection order is a Class 1 misdemeanor. On a first offense, you may face 6 to 18 months in jail and $500 to $5,000 in fines.
What happens if you violate a no contact order in Illinois?
Violating a no-contact order is generally a Class A misdemeanor in Illinois. A conviction carries penalties of up to one year in jail and a fine of up to $2,500. Some defendants may be ordered to pay victim restitution, attending counseling, and relinquish any personal firearms.
How long does an order of protection stay on your record in Illinois?
2 years
The court will determine a time period for which they are effective up to 2 years. If the Order of Protection is entered in conjunction with a divorce or other civil case it can last for longer two years.
Can a petitioner violate an order of protection in Illinois?
A petitioner or protected person cannot give effective consent to violate an order of protection. Violations of certain remedies can result in criminal charges of “violation of order of protection” or “child abduction.”
How do you prove a no contact order is violated?
If you have violated a no contact order, there are many ways for the court to know. They can use anything such as eyewitness testimonies, phone records, social media and voice mails to prove that you have violated the no contact order. The burden of proof is considered relatively low for these types of cases.
How long does an Order of Protection stay on your record in Illinois?
What is the penalty for breaking a no contact order?
Violations and Consequences The violation of a no contact order is a crime. The violator will be held in contempt of court and can be charged with a misdemeanor or a felony. Fines for a misdemeanor can reach up to $5,000 and up to a year in jail.
Can a restraining order be dropped?
If you want to drop your restraining order, you need to go back to the court that issued your order and fill out a request (motion) to dismiss the order. You may have to talk to the judge and tell him/her why you want to drop the restraining order.
What is considered a violation of an order of protection?
A violation of the terms and conditions of the protection order can include things such as abuse, stalking, child custody issues, any type of prohibited communication with, or entrance upon the premises of the person who filed the order of protection.
What to do if your order of protection is violated?
If the subject of the order of protection does not obey the order, then you can call the police. The police will probably arrest the individual for violating the order of protection. The individual does not have to hit you to violate the order.
Who can report the violation of an order of protection?
Call the police, 911, if your abuser violated the Order of Protection. The police must arrest if there is reasonable cause that the Order of Protection was violated. If another crime was committed while the Order of Protection was being violated, additional charges may be filed.
How serious is a violation of protective order case?
The maximum possible range is up to 1 year in county jail. To put it bluntly, a charge of Violation of a Protective Order is a serious deal. It is possible to get into more trouble for violating a protection order that is put in place than hitting your wife or husband during an argument.