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Order of Protection Violations Attorney Serving Joliet - Will County, IL Lawyer
Although courts may issue orders of protection for a few reaons, the most common by far—and the one that leads to the most criminal prosecutions—is in connection with a domestic violence case. The order of protection may be entered in a criminal prosecution for domestic battery or a related crime, in a divorce proceeding, or as a separate order on petition of the protected person.
In any case, the order of protection is a court order, which means that there are two potential sets of consequences for violating the order. A person can be jailed for violating a court order, and, unlike criminal statutes, there is no clear sentencing range assigned to contempt proceedings. In addition, Illinois law specifically allows for both contempt proceedings and criminal prosecution based on the same act of violating a protective order.
Violation of an Order of Protection as a Crime
A person who violates a protective order in a domestic violence case isn’t just in contempt of court—he or she has also committed a crime. Violation of an order of protection is a Class A misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. However, if the defendant has previously been convicted of any of a wide range of domestic violence-related crimes, sex crimes and other violent crimes, the violation will be charged as a Class 4 felony. A Class 4 felony can mean 1-3 years in prison.
Get the Help You Need to Protect Yourself
IIf you’ve been accused of violating an order of protection, there may be more than one proceeding based on that alleged violation, with different possible consequences. You need to be aware of the defenses available to you and how to effectively raise them in court.
Since orders of protection are typically entered based on evidence presented of past threatening or violent behavior, you may be facing biased perceptions. Get the help you need from an experienced criminal defense attorney.
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For more information or to schedule an appointment with an experienced Joliet criminal defense attorney, please contact our Joliet office or email us. Se Habla Español.