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In this very short section of the Illinois criminal code, legislators require the court to take orders of protection into account when processing Illinois domestic violence cases.
An order of protection is a court order which restricts an abuser from doing any number of abusive actions, such as entering a shared residence or taking a child out of state.
We frequently represent individuals who are accused of a violation of an order of protection. If you are dealing with an order of protection case, call (312) 466-9466 to speak with an experienced Illinois criminal defense attorney about your matter.
According to Illinois Domestic Violence law, acts such as hitting, choking, kicking, threatening, harassing, or interfering with the personal liberty of another family or household member can constitute a criminal violation. When such a matter is brought to the courts, they are required to investigate, and take into consideration, whether an Illinois order of protection was in place.
Illinois Criminal Code of 1961 - Article 1
Sec. 1-8. Order of protection; status.
(720 ILCS 5/1-8)
Whenever relief sought under this Code is based on allegations of domestic violence, as defined in the Illinois Domestic Violence Act of 1986, the court, before granting relief, shall determine whether any order of protection has previously been entered in the instant proceeding or any other proceeding in which any party, or a child of any party, or both, if relevant, has been designated as either a respondent or a protected person. (Source: P.A. 87-743.)
Return to Illinois Criminal Code of 1961 Table of Contents
DISCLAIMER: These excerpts from the law are provided for reference purposes only. Visitors to our Chicago criminal defense lawyer website should be aware that Illinois criminal laws have been amended many times and that Illinois crime laws posted on this site may not be current. In addition, Illinois criminal case law defines precedents for legal determinations that are not defined in the original laws.
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