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Aggressive. Experienced.

Skokie Criminal Defense Attorney
Former Cook County Felony Prosecutor

Violation of Order of Protection

Violation of an Order of Protection Charges in Skokie, Illinois

A violation of an order of protection is a serious offense in Illinois that can lead to significant legal consequences, including jail time, fines, and a permanent criminal record. If you are facing charges for violating an order of protection in Skokie, it is crucial to understand the nature of these charges, the potential penalties, and the importance of securing experienced legal representation to protect your rights and future.

What Constitutes a Violation of an Order of Protection?

Under Illinois law, specifically 720 ILCS 5/12-3.4, a violation of an order of protection occurs when an individual knowingly commits an act that is prohibited by the terms of a court-issued order of protection. These orders are typically issued in cases involving allegations of domestic violence, harassment, stalking, or other forms of abuse, and they are designed to protect the alleged victim by restricting certain behaviors of the defendant. Common violations include:

  • Contacting the protected person: This includes phone calls, text messages, emails, social media interactions, or any other form of communication, whether direct or indirect.
  • Entering prohibited locations: Violating the order by going to places that the order of protection specifically prohibits, such as the protected person’s home, workplace, or school.
  • Committing further acts of abuse or harassment: Any actions that continue the abuse or harassment that led to the issuance of the order of protection.
  • Failing to surrender firearms: If the order of protection requires the surrender of firearms, failing to comply with this requirement is a violation.

Penalties for Violating an Order of Protection in Skokie

Violating an order of protection is typically charged as a Class A misdemeanor in Illinois, but the penalties can be severe, especially in cases involving repeat offenses:

  • Class A Misdemeanor: Penalties can include up to 1 year in jail and fines up to $2,500.
  • Class 4 Felony: If the violation of the order of protection involves a repeat offense or if the violation results in bodily harm to the protected person, the charge can be elevated to a Class 4 felony, carrying penalties of 1 to 3 years in prison and fines up to $25,000.
  • Permanent criminal record: A conviction for violating an order of protection will result in a permanent criminal record, which can impact your ability to find employment, secure housing, and maintain personal relationships.
  • Additional legal consequences: Beyond the immediate penalties, violating an order of protection can lead to further legal actions, such as additional restrictions, loss of parental rights, or extended protection orders.

Defending Against Violation of an Order of Protection Charges in Skokie

Given the serious consequences of a conviction, mounting a strong defense against charges of violating an order of protection is essential. Some potential defense strategies include:

  • Lack of knowledge: If you were unaware of the existence of the order of protection or the specific terms outlined within it, this could serve as a defense.
  • Unintentional violation: If the violation was accidental or occurred under circumstances beyond your control, it may be possible to argue that you did not intentionally violate the order.
  • False accusations: In some cases, the protected person may falsely accuse you of violating the order of protection. Demonstrating inconsistencies or motives for these false claims can be critical to your defense.
  • Violation of rights: If your rights were violated during the investigation or arrest, it may be possible to suppress key evidence, weakening the prosecution’s case.

Why Choose Andrew M. Weisberg as Your Skokie Defense Attorney for Violation of an Order of Protection?

Andrew M. Weisberg is a highly experienced criminal defense attorney with a deep understanding of Illinois law and a proven track record of defending clients against charges like violating an order of protection in Skokie and throughout Cook County. His background as a former prosecutor provides him with unique insights into the prosecution’s strategies, enabling him to build a strong and effective defense tailored to your case.

Contact Andrew M. Weisberg for a free consultation today at (847) 350-1266 to discuss your case. With his dedication to protecting your rights and fighting for the best possible outcome, Andrew is the advocate you need in these challenging legal circumstances.

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