Attorney Eric D. Puryear

Violation of an Order of Protection Charges in Illinois

Puryear Law » Legal Blog » Illinois Criminal Law » Violation of an Order of Protection Charges in Illinois

In Illinois, a person who violates a protective order can be prosecuted with a misdemeanor or felony charge.  The crime of violation of a protective order in Illinois is defined in 720 ILCS 5/12-3.4 as follows.


Puryear Law offers free in-office consultations, as well as emergency after-hours consultations by phone for people with cases in Iowa and Illinois. See our consultation options.

A person commits violation of an order of protection if:
(1) He or she knowingly commits an act which was prohibited by a court or fails to commit an act which was ordered by a court in violation of:
(i) a remedy in a valid order of protection authorized under paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986,
(ii) a remedy, which is substantially similar to the remedies authorized under paragraphs (1), (2), (3), (14) or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory,
(iii) any other remedy when the act constitutes a crime against the protected parties as the term protected parties is defined in Section 112A-4 of the Code of Criminal Procedure of 1963; and
(2) Such violation occurs after the offender has been served notice of the contents of the order, pursuant to the Illinois Domestic Violence Act of 1986 or any substantially similar statute of another state, tribe or United States territory, or otherwise has acquired actual knowledge of the contents of the order.

Thus, the essential elements of the Illinois crime of violation of a protective order require that there be a valid protective order from an Illinois court or another similar court, and that the person violate the order once they are either served with the order or know that the order of protection exists.

Under Illinois law, a person who gets a third party to take an action that they themselves could not take without violating the protective order is also liable for that violation.  This comes up frequently when a person gets a friend to talk to the protected party, or otherwise tries to circumvent the protective order.


Request More Information

Making intelligent and informed decisions about your case is vital. Enter your email address to learn more about your legal options.


Most violation of a protective order charges in Illinois are filed as Class A misdemeanors, making the maximum penalty one year in the county jail and/or a fine of $2,500, with a mandatory minimum sentence of 24 hours in the county jail on a first offense.  However, depending upon the facts of the case and a person’s criminal history, then a violation can be charged as a Class 4 felony, which carries up to 3 years in prison.

Aside from the possible criminal charges, a violation of a protective order can be addressed by the Illinois Circuit Court in a contempt proceeding, which can also carry with it a jail term or other punishment.  If the parties have children, then a protective order violation conviction or contempt finding may also have lasting impact upon the custody and visitation situation.  Clearly, a person who is accused of violation of a protective order in Illinois should promptly consult with an attorney, as it is important to properly handle the case.


The attorneys at Puryear Law are ready to put our skill to work on your case. Consult with us today.


Tags for this legal blog article: ,


Related legal blog articles:

Legal Representation in Iowa or Illinois

See our Consultation Options to get the legal representation you need.
 

Request More Information

Enter your email address to receive information about legal representation from Puryear Law.


 

Map and Directions to Puryear Law

Puryear Law P.C.
3719 Bridge Ave
Suite 6
Davenport, IA 52807
Iowa Phone: (563)362-0901
Illinois Phone: (309)948-6699
Toll-Free Phone: (888)919-3719

Click the map shown below for turn-by-turn directions to Puryear Law's office. Map and Directions to Puryear Law