In Illinois, law enforcement takes restraining order violations seriously. If you are the victim of a restraining order violation, notify the authorities. At Wallace Miller, we understand how scary and traumatizing it is to constantly look over your shoulder because your perpetrator is not abiding by the restraining order. You have the right to feel safe and secure, so contact an attorney if someone is making you feel unsafe by violating a restraining order.
The Chicago intentional tort attorneys of Wallace Miller are committed to protecting victims, and we are ready to fight for the justice you deserve. To discuss your legal options and pursue justice, contact us at (312) 261-6193.
Types of Restraining Orders
In Illinois, there are a variety of restraining orders that the court may grant depending on your situation, including:
- Emergency restraining order: An emergency restraining order is usually issued when there is an immediate threat of harm. This type of order can stay in place for up to 21 days, and the conditions may vary but usually require the perpetrator to avoid contact with you.
- Interim restraining order: In Illinois, the court can issue an interim restraining order without holding a full hearing. These orders are usually issued when there is some threat of violence and last up to 30 days. Typically, this restraining order will require the perpetrator to stay away from you and avoid all contact, including calls and texts.
- Order of protection: The court usually issues an order of protection to prevent you from being abused by someone in your family, a current or former partner, or a roommate. This type of order generally requires the perpetrator to stay away from you, your home, your workplace, and certain family members. It can also require them to surrender their firearms and prohibit them from purchasing or possessing any guns for the duration of the order of protection.
- No-contact orders: In some cases, the court may grant a no-contact order when someone is causing you emotional distress or making you fear for your safety. These orders are usually given in situations of stalking or harassment. No-contact orders require the perpetrator to stay away from you and prohibit them from contacting you.
Different Conditions of Restraining Orders
The conditions and terms of a restraining order depend on the order issued and your case’s specific circumstances. However, some common conditions of restraining orders are:
- No contact: The most common condition of a restraining order, regardless of the type, is a no-contact provision. A no-contact provision prohibits the perpetrator from contacting you in any way. If the perpetrator calls, texts, emails, or messages you on social media, they violate the restraining order.
- Stay away: A stay away provision may require the perpetrator to keep a certain distance from you, your home, your workplace, or other locations you frequent. This could include the gym, grocery store, etc. Therefore, you should consider everywhere you go often and outline it in your restraining order to ensure you feel safe everywhere you go.
- Firearms: When the court issues a restraining order because of a threat of violence or harm, the perpetrator may need to surrender their firearms if they own any guns. Additionally, the order will usually prohibit them from purchasing or possessing firearms for the entire duration of the restraining order.
- Counseling: In some cases, the judge issuing the restraining order may require the perpetrator to attend counseling, drug or alcohol rehabilitation, or anger management.
- Custody: If you have children, the restraining order may prohibit the respondent from contacting your children. It can also provide temporary full legal and physical custody to avoid contact between you and the perpetrator.
- Expenses: The perpetrator may need to pay expenses you incurred because of the abuse, such as medical bills or counseling costs.
Failing to follow all the conditions and terms of a restraining order can lead to serious consequences in Illinois.
Penalties for Violations of a Restraining Order
In Illinois, violating a restraining order can lead to felony or misdemeanor charges, depending on the violation’s severity and the circumstances of the orders. This can lead to criminal, civil, and lifelong penalties.
Criminal Penalties
In Illinois, violating a restraining order can result in jail time and fines that vary depending on the level of the offense, including:
- Misdemeanor: First-time violations of restraining orders usually result in a misdemeanor offense. In Illinois, a Class A misdemeanor conviction can result in up to one year in jail and a fine of up to $2,500.
- Felony: If the perpetrator violates a restraining order violation and has prior convictions for domestic battery or another violent crime, the prosecution could charge them with a Class 4 felony. A Class 4 felony conviction for a restraining order violation can result in one and three years in prison and a fine of up to $25,000.
In addition to criminal penalties, the perpetrator can face civil penalties. This is because you can file a personal injury lawsuit in certain situations. For example, if a restraining order violation injures you, there may be a valid personal injury claim. In such a case, you should gather evidence to support your claim and show that your injury directly results from the restraining order violation.
The information and evidence you should use to support your claim may vary depending on the specifics of your case but could include:
- Police report: If there are any police reports documenting violations of the restraining order or any harm caused by the violation, you should obtain them. The police report may contain details about the violation, such as witness statements, photographs of injuries, and any other relevant information. As a result, a police report provides documentation to support your claim.
- Medical records: If you suffered any physical injuries because of the violation, your medical records could show the extent and severity of your injuries. They also show the treatment you received, useful when you make a compensation claim.
- Witnesses: When there are witnesses to the violation of the restraining order, they can provide testimony to support your case. This is because witnesses can give details on what happened, such as the perpetrator’s behavior and information on the injuries you suffered.
- Phone records: If the restraining order violation involved any communication prohibited under the order, you should provide those records.
Other Consequences
In addition to criminal and civil penalties, violating a restraining order can lead to other consequences for the violator. Those consequences are meant to ensure your safety and may include:
- Contempt of court: When someone willfully disobeys and disregards a court order, including a restraining order violation, the court can find them in contempt. This can result in additional fines and jail time.
- Custody issues: Convictions for violations of restraining orders can affect custody and visitation rights. Therefore, if you are seeking a modification of a custody arrangement showing that there was a violation of the restraining order can make a substantial difference in the success of your request.
- Immigration issues: Non-United States citizens who violate a restraining order can face immigration consequences, such as deportation or denial of a green card or citizenship.
- Extension of the restraining order: An order of protection or no contact order typically lasts about two years. However, if there is a violation or continued fear of harm, the court can extend the restraining order for another two-year period.
If someone has violated a restraining order that was granted in your favor against them, you have various options for ensuring your safety. You could contact law enforcement so they can implement criminal penalties against the perpetrator, pursue civil penalties to cover your losses because of the harm they caused, or both. Don’t hesitate to contact an experienced attorney to help you get justice. You deserve to feel safe.
Common Defenses Employed by Criminal Defense Attorneys in Restraining Order Violation Cases
When someone violates a restraining order granted in your favor, they will likely try to argue one of the following:
- Lack of knowledge: They may attempt to say they were unaware of the restraining order or reasonably did not know they were violating it. However, it’s their responsibility to understand the conditions of the restraining order and comply with them.
- Consent: They may try to argue that you consented to the contact. However, it is their burden to show that their allegations are true, but you should keep records of any contact initiated by the perpetrator to help your case.
Contact a Criminal Defense Attorney in Illinois After Your Restraining Order Was Violated
At Wallace Miller, we understand how terrifying it is to face your perpetrator, but our goal is your safety. We can help you hold the perpetrator to account in court. You can pursue compensation for your losses when a restraining order violation results in your injury. Our dedicated and compassionate attorneys will provide personalized, high-quality legal representation.
Our Wallace Miller Chicago restraining order violations attorneys can review your case and build a strong strategy to get you the justice you deserve. Protect your mental and physical health by calling us at (312) 261-6193 for a confidential case evaluation.