720 ILCS 5/12-3. 4 Violation of Order of Protection

• Class A misdemeanor
• Up to 364 days in jail
• Fine up to $2,500
• Call for more details

Understanding Violation of an Order of Protection in Illinois

Violation of an order of protection is a serious criminal offense in Illinois that occurs when an individual knowingly disobeys the terms set forth in a court-issued protective order. These orders are typically put in place to protect victims of domestic violence, harassment, or other forms of abuse. Violating such an order can lead to severe legal consequences, including jail time, fines, and a permanent criminal record, making it crucial to understand the law and your legal options.

What Constitutes Violation of an Order of Protection in Illinois?

Under Illinois law, violation of an order of protection is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/12-3.4. The offense occurs when an individual, with knowledge of the protective order, willfully disobeys any of its terms. Key elements of this crime include:

• Knowledge of the Protective Order: The individual must be aware that the order of protection exists and that they are subject to its terms.
• Willful Disobedience: The individual must knowingly and intentionally violate one or more of the specific conditions outlined in the protective order.
• Types of Violations: Common violations include contacting or approaching the protected person, entering a prohibited location, or engaging in conduct specifically barred by the order.

Examples of Violation of an Order of Protection Under 720 ILCS 5/12-3.4

Here are specific examples of violation of an order of protection as defined under Illinois law:

1. Contacting the Protected Person
   • Statute: 720 ILCS 5/12-3.4(a)(1)
   • Description: Making phone calls, sending text messages, or using social media to contact the protected person in violation of the order.
2. Entering a Prohibited Location
   • Statute: 720 ILCS 5/12-3.4(a)(2)
   • Description: Entering the protected person’s home, workplace, or other locations from which the offender is barred by the order of protection.
3. Engaging in Prohibited Conduct
   • Statute: 720 ILCS 5/12-3.4(a)(3)
   • Description: Engaging in any conduct that is specifically prohibited by the protective order, such as stalking or harassment.

Penalties for Violation of an Order of Protection in Illinois

Violation of an order of protection is typically classified as a Class A misdemeanor in Illinois. However, repeated violations or violations involving aggravating circumstances can elevate the offense to a felony. The penalties can include:

• Class A Misdemeanor:
  • Up to 364 days in jail
  • Fines of up to $2,500
  • Probation or conditional discharge may be available in certain cases
• Class 4 Felony (Aggravating Circumstances or Repeated Violations):
  • 1 to 3 years in prison
  • Fines of up to $25,000
  • Extended probation periods or conditional discharge

In addition to these legal penalties, a conviction for violation of an order of protection can lead to long-term consequences, including a permanent criminal record, which can impact employment opportunities, housing, and personal relationships.

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of violating an order of protection can be overwhelming and stressful, with the potential to impact your life in significant ways. Andrew M. Weisberg, a former Cook County prosecutor, brings a wealth of experience and a deep understanding of the criminal justice system to your defense. Here’s why choosing Mr. Weisberg is the best decision you can make:

• Expertise in Domestic Violence-Related Defense: With extensive experience in handling cases involving orders of protection and related charges, Mr. Weisberg understands the strategies prosecutors use and how to effectively counter them.
• Comprehensive Defense Strategy: Mr. Weisberg will thoroughly investigate the circumstances of your case, examining all evidence and identifying any weaknesses in the prosecution’s case to build a strong defense tailored to your situation.
• Personalized and Compassionate Representation: Understanding the emotional toll that comes with facing charges related to domestic issues, Mr. Weisberg provides personalized attention and compassionate representation to each of his clients.
• Aggressive Legal Advocacy: Known for his aggressive defense strategies, Mr. Weisberg will fight tirelessly to protect your rights and work towards the best possible outcome in your case.

When facing charges of violating an order of protection, you need an attorney who not only understands the law but also has the experience and determination to fight for your rights. Andrew M. Weisberg is committed to providing you with a robust defense and the best possible legal representation.

Contact Andrew M. Weisberg today for a free consultation to discuss your case and learn how he can help protect your rights and future.