Charged with an Illinois Order of Protection Violation?
If you're facing an accusation of domestic violence or have been served with a protective order, the situation is serious. However, being charged with violating that order escalates the legal risk immediately. Many people mistakenly believe a protective directive from a civil court is less severe than a criminal charge—but a Violation of an Order of Protection is a crime in itself, carrying potentially life-changing penalties.
The Three Tiers of Illinois Protective Orders
In Illinois, Orders of Protection are civil mandates designed to prevent abuse, harassment, or threats between family or household members. They often act as a critical early intervention tool, but they are not all created equal. Understanding the order you are subject to is the first step in compliance and defense.
Emergency Order of Protection (EOP) : Immediate, short-term safety. Typically 14 to 21 days.
Granted ex parte (without the accused present) based on the petitioner's testimony alone.
Interim Order of Protection: A "bridge" between an EOP and a full Plenary hearing. Up to 30 days.
Requires notice to the accused, ensuring a degree of due process.
Plenary Order of Protection: Long-term, comprehensive protection. Can last up to two years.
Issued only after a full court hearing where both sides present evidence.
Regardless of the type—Emergency, Interim, or Plenary—violating the court's terms, such as a "stay-away" or "no-contact" provision, is a violation of law.
When a Civil Order Becomes a Criminal Case
The moment you violate a protective order, you cross the line from a civil matter into a criminal one. Law enforcement and prosecutors take these violations extremely seriously.
Standard Violation: A first-time violation of a protective order is typically charged as a Class A Misdemeanor. This can result in up to one year in jail and a fine of up to $2,500, plus court costs.
Felony Violation: If you have prior convictions for domestic battery or previous violations of protective orders, the charge can be elevated to a Class 4 Felony. A felony conviction carries a possible sentence of one to three years in state prison and a fine of up to $25,000.
At AKL Legal, LLC, we recognize that protective orders are complex and sometimes granted based on incomplete information. You may have genuinely believed you had a legitimate reason for the contact, or perhaps the violation was unintentional. An experienced Grayslake, IL Criminal Defense Lawyer can help you present a compelling explanation to the court. We can investigate whether the order was properly served or if there was a factual mistake in the alleged violation.
Protect Your Future: Call the Grayslake ATtorneys at AKL LEGAL, LLC
You cannot simply ignore an Order of Protection or unilaterally decide the terms are unfair. Contesting the protective order itself or mounting a strong defense against a Violation of Order of Protection charge are your only legal options.
If you are facing a domestic violence charge or a violation in Lake County, Illinois, do not wait. You need an attorney who understands the nuances of the Illinois Domestic Violence Act and the aggressive nature of a criminal prosecution. Our goal is to protect your rights, minimize potential jail time and fines, and fight to prevent a permanent criminal record.
Contact AKL Legal, LLC immediately to discuss your case and begin formulating your defense strategy. 847-262-9888
