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.
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.
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.
Anyone wishing to oppose the entering of an Order of Protection against them must pay a $206.00 filing fee or lose by default. However, pursuant to a section of the Illinois Domestic Violence Act (750 ILCS 60/226), that hefty sum, as well as attorneys fees, may be recovered
If the petitioner makes allegations that are considered frivolous or untrue by the court, he or she may be liable to repay these sums to the respondent. This task is easier said than done. However, our criminal defense attorneys have the skill and experience to effectively make this argument to a judge and win your money back.
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. In a Will County Order of Protection case we handled, our client was arrested and prosecuted for making contact about a financial matter.
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.
If you violate the order of protection, or the accuser claims that you have violated it, you may be arrested and charged with a violation. If convicted, you may be sentenced to jail time or be forced to pay a fine. Even if a defendant has a good alibi, he can be 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.What are the long-term consequences of having an order of protection against you?
If you accept an order of protection filed against you, or the judge sides with the accuser at the hearing, there will be several long-term consequences.
First, if you lose the hearing and an Order of Protection is granted against you, it will appear on your permanent record and can never be expunged. Only if the judge dismisses the order of protection would the respondent is eligible for expungement.
In addition, there are other consequences for those who have been subject to an Order of Protection. For example, anyone who has been the subject of an Order of Protection will be ineligible to obtain a Firearm Owner's Identification Card.