Violation of Order of Protection

What is a Violation of Order of Protection?

In most cases, Violation of an Order of Protection, 720 ILCS 5/12-30, is a Class A Misdemeanor. However, you can be charged with a Class 4 Felony if you have a prior conviction for a Domestic Battery, Violation of an Order of Protection, or another serious crime. Basically, if you are charged with Violation of Order of Protection, it means that you did something that the Court has previously ordered you not to do. A typical case is if a spouse, or ex girlfriend or boyfriend, goes to court and obtains an Order of Protection ordering you not to be around them or attempt to contact them.  If you violate that order by calling or texting them, you will be charged with Violation of Order of Protection. The Cook, Lake, DuPage and Kane County criminal defense lawyers at Legal Defenders, P.C., have a thorough understanding of the different types of Violation of Order of Protection cases and know how the law applies to each particular case. Also, the criminal defense attorneys at Legal Defenders, P.C., have extensive experience representing individuals charged with Misdemeanor and Felony Violation of Order of Protection and will be able to come up with the best strategy to obtain a satisfactory result in your case.

If you have been convicted of any of the following crimes and are arrested for Violating an Order of Protection, you may be charged with a Class 4 Felony. Those prior convictions include: First Degree Murder, Attempt to Commit First Degree Murder, Aggravated Domestic Battery, Aggravated Battery, Heinous Battery, Aggravated Battery with a Firearm, Aggravated Battery of a Child, Aggravated Battery of an Unborn Child, Aggravated Battery of a Senior Citizen, Stalking, Aggravated Stalking, Criminal Sexual Assault, Aggravated Criminal Sexual Assault, Kidnapping, Aggravated Kidnapping, Predatory Criminal Sexual Assault of Child, Aggravated Criminal Sexual Abuse, Unlawful Restraint, Aggravated Unlawful Restraint, Aggravated Arson, or Aggravated Discharge of a Firearm when any of these offenses have been committed against a family or household. (720 ILCS 5/12 -30). The criminal defense lawyers at Legal Defenders, P.C., have a thorough understanding of the different types of Violation of Order of Protection cases and know how the law applies to each particular case. Also, the criminal defense lawyers at Legal Defenders, P.C., have extensive experience representing individuals charged with Misdemeanor and Felony Violation of Order of Protection and will be able to come up with the best strategy to obtain a satisfactory result in your case.

Can I Post a Bond for a Violation of Order of Protection Charge?

Just like with any criminal case, you will be allowed to post bond unless the Court determines that allowing you to post a bond would be a danger to the public.  When a judge determines the amount of the bond, they usually take into consideration your background and the seriousness of the alleged crime. (720 ILCS 5/32-10).

The criminal defense lawyers at Legal Defenders, P.C., have a thorough understanding of the factors that go into the setting of a bond and know how to argue properly for a low bond in each particular case. Also, the criminal defense lawyers at Legal Defenders, P.C., have extensive experience representing individuals charged with Misdemeanor and Felony Violation of Order of Protection cases and will be able to come up with the best strategy to obtain a satisfactory result in your case.

What is The Sentence for Violation of Order of Protection?

If you are charged with a Class A Misdemeanor Violation of Order of Protection, you can be sentenced for up to a year in the county jail. But you can also receive Misdemeanor Probation, Conditional Discharge or Supervision. If you are charged with a Class 4 Felony Violation of Order of Protection, you can be sentenced to between 1 to 3 years in prison. You can also receive Felony Probation for a Felony Restraining Order Violation. Even though a jail sentence in not mandatory for an Order of Protection Violation, under the Unified Code of Corrections the Court can order a 1) fine under Section 5-9-1 or 2) order restitution under Section 5-5-6. However, the Court will impose 24 hours of imprisonment for a second or subsequent Violation of Order of Protection case unless the court finds that imprisonment would be unjust.

A conviction for a Violation of an Order of Protection cannot be sealed or expunged.

The criminal defense lawyers at Legal Defenders, P.C., have a thorough understanding of the factors that go into sentencing for Misdemeanor and Felony Violation of Order of Protection and know how to argue properly for the lowest possible sentence for a Restraining Order Violation conviction. Also, the criminal defense lawyers at Legal Defenders, P.C., have extensive experience representing individuals charged with Misdemeanor and Felony Violation of Order of Order of Protection and will be able to come up with the best strategy to obtain a satisfactory result in your case.

What If I am Charged with Violation of Order of Protection or Violation of Bail Bond for my Domestic Battery/Violence Case?

Under 720 ILCS 5/32-10, it is considered a separate crime if while on bond for a case; you violate the conditions of your bond. In a typical Domestic Battery/Violence case, the conditions of bond usually include: 1) no harmful or offensive contact with the alleged victim case is going on, 2) no contact with the alleged victim in any form, 3) no entry into the residence and 3) no contact with the alleged victim for 72 hours following release from jail. (725 ILCS 5/110-10d).

The Violation of Order of Protection in the Bail Bond can be charged as a Class C misdemeanor or up to a Class 2 Felony depending primarily on the underlying charge. However, in cases in which the new charge involves a household member, it is a Class A misdemeanor.

The criminal defense attorneys at Legal Defenders, P.C., have a thorough understanding of the different types of Violations of Bail Bond Charges and know how the law applies to each particular case.

Also, the criminal defense lawyers at Legal Defenders, P.C., have extensive experience representing individuals charged with Misdemeanor and Felony Violation of Protection Order in the Bail Bond and will be able to come up with the best strategy to obtain a satisfactory result in your case.

If you are facing charges of Violation of Order of Protection in Cook, Lake, DuPage or Kane County, give us a call.  We Can Help.

Chicago Criminal Defense Lawyers Blog - Domestic Battery/Violation of Order of Protection