Your ex wants you to stay away from him or her. So much so that they got an order of protection. One of the terms was to keep your distance. But later, you were visiting a friend on your ex’s block when police arrested you for a violation.
What is violating an order of protection in Illinois? What can you do?
Under Illinois law, you violate an order of protection if you knowingly commit an act which the court prohibited or fail to commit an act which the court ordered in a valid order of protection. Violating an order of protection is a Class A Misdemeanor for a first offense and a Class 4 Felony if you have previously been convicted for either violating such an order or domestic or other battery. The offense applies even if you got a third party to violate the order for you. Note that a conviction for violating an order of protection cannot be expunged or sealed.
If you are charged with a violation, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. As with other crimes, the state must prove all elements of the offense beyond a reasonable doubt.
Were you properly served with the order or did you otherwise know about it? Before you can be charged, you must be served notice or have actual knowledge of the order’s contents. If the order was issued in another state, that state’s failure to provide notice and a reasonable opportunity to be heard is also a defense.
Did you knowingly violate the order? Perhaps you went to the grocery store unaware that your ex was standing in the checkout line.
Is the order valid? The remedies provided in the order must be authorized by law. For example, if you and your ex both have the right to occupy your residence, the court must balance the hardships to you and your dependents against the hardships to your ex and their dependents. See 750 ILCS 60/214(b)(2).
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
Reference: 720 ILCS 5/12-3.4.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
