DuPage County Defense Lawyer for Order of Protection Violations

Criminal Attorney Defends Clients in Restraining Order Violation Cases in the Oak Brook Area

In Illinois, a person violates an order of protection when they knowingly disobey any of its terms, including prohibitions against abuse or harassment, the granting of exclusive possession of a residence, or requirements to stay away from a person or location. A violation of an order of protection is a Class A Misdemeanor, and violating an order that awards physical care of a child or prohibits a child's removal or concealment is a Class 4 felony.

Violating an order of protection can result in severe punishments. In addition to the fines and jail time that come with a misdemeanor or felony conviction, Illinois law encourages courts to impose additional penalties, including a minimum of 24 hours in jail for a first offense and 48 hours in jail for a second or subsequent offense.

Risk Assessment and GPS Monitoring

In recent years, the state of Illinois has made changes to its laws with the intent of protecting victims of domestic violence from abusers who violate orders of protection. Courts now have the authority to require defendants accused of violating an order of protection to undergo risk assessment evaluation by a partner abuse intervention program. Based on the results of this evaluation, the court may require the defendant to be placed under electronic surveillance via GPS monitoring. The defendant will be required to pay the costs of both risk assessment and electronic surveillance.

Electronic surveillance may be a condition of bail, parole, supervised release, probation, or conditional discharge for violating an order of protection. When someone is placed under this type of surveillance, they will be required to wear or carry a GPS tracking device which will immediately notify the authorities if they enter a court-ordered protection zone. The device may also monitor the defendant's consumption of alcohol or drugs.

Contact a Lombard Criminal Defense Attorney

With over 25 years of criminal trial experience, we are dedicated to resolving your case as efficiently and cost-effectively as possible. We work with you to develop an effective defense strategy to get an acquittal, to reduce the charges against you, or to minimize negative consequences of a conviction.