Our Chicago criminal defense lawyers know how to help clients who are arrested for violating an order of protection. For assistance with alleged Illinois violations of orders of protection, speak with an experienced Chicago domestic violence attorney today by calling (312) 466-9466.
People claiming to be victims of Domestic Violence often obtain Orders of Protection which force the accused to limit his contact with the accuser. They may also ultimately result in another criminal prosecution. See 720 ILCS 5/12-30. Sometimes such orders force a defendant to vacate his own home, if it is shared with the accuser, or to have no contact or limited contact with his own children. Many other restrictions are also possible
In addition, persons who have been the subject of Orders of Protection will have a permanent record, and are subject to a variety of negative consequences. For example, anyone who has been the subject of an Order of Protection will be ineligible to obtain a Firearm Owner's Identification Card.
There are two ways an accuser can obtain an Order of Protection. One way is to file a petition for a Civil Order of Protection. A person can file such a petition at no cost, but anyone wishing to oppose the entering of an Order of Protection against them must pay a $198.00 filing fee or lose by default.
A second way to obtain an Order of Protection is by filing a Domestic Violence charge. Domestic violence charges almost always cause a Plenary Order of Protection to be filed. This type of Order lasts as long as the criminal case does, so, for example, if a case does not go to trial for 3 months, the defendant is subject to an Order of Protection for 3 months.
A third way a person can obtain an order of protection is by filing domestic violence charges that result in a conviction. For example, if a defendant is convicted of domestic battery and receives one year of probation, he maybe subject to an Order of Protection for one year.
Our criminal defense attorneys have often, through cross-examination, presentation of evidence, and a knowledge of the law, defeated the request for an Order of Protection in Illinois. There are also other ways to get a protection order petition dropped. See, for example: Illinois Petition for Order of Protection Dropped and Violation of Illinois Order of Protection Case Dismissed.
Orders of Protection put defendants at a huge legal disadvantage. The Law Office of Steven R. Hunter has defended numerous defendants who were arrested for violating an order of protection merely by being in the vicinity of the person who obtained the order. Some went to pick up property from their home or to visit their children after being told the woman who obtained the order would not be present, only to be arrested for violating an order of protection when they arrived because the accuser was actually there. These orders only work one way. The accuser is not prohibited from seeking out the defendant. Accusers often go out of their way to appear where they know the defendant will be and then call the police, claiming that an order of protection is being violated. In addition, it is extremely easy for an accuser to fabricate or make up a violation, claiming that they were threatened by the defendant someplace where no one else was present. Even if a defendant has a good alibi, he will be arrested, forced to post bond, and to fight a second criminal case.
Orders of protection should not be entered into lightly, even to avoid a trial or prosecution. While it may appear that a defendant is avoiding risk or cost by accepting such an order, in the long run these orders can and do cost people the expense of fighting future criminal prosecutions and even cost people their freedom. It is extremely difficult to avoid an angry ex-wife or ex-girlfriend, especially if you have children in common. And if she has an order of protection against you, the police will side with her most of the time, and will assume that she is telling the truth.