Updated on 08/11/2023 / Under Criminal Defense
Being aware of the potential consequences that come with violating a restraining order is an important part of understanding and respecting legal boundaries. In fact, restraining orders can be an incredibly effective way for victims of domestic violence and other abuse to protect themselves because it puts the violator at risk of serious criminal penalties if they violate the order.
It's extremely important to have an experienced criminal defense attorney in Illinois to represent you and your case. Cal
Don't let the consequences of violating a restraining order go unchecked. Call Ktenas Law today at (312) 756-8652!
What Is a Restraining Order in Illinois?
A restraining order, also known as a protective order, is an order issued by a court that orders one person to stop harassing, threatening, or otherwise harming another. The terms of the restraining order will vary depending on the type of protective order and the severity of the situation.
A violation of a restraining order can result in criminal charges such as domestic violence offense, sexual violence, or credible threats of violence. Furthermore, a violation can also result in workplace violence, firearms violations, or even sex crimes. In Illinois, there are several types of protective orders that may be issued to protect a person from domestic violence or other abuse.
These restraining orders provide for specific limitations on the behavior of the restrained person, such as prohibiting physical abuse or contact, preventing someone from entering the home or work of another person, or prohibiting communication between two people. If a restraining order is issued, it must be followed by both parties or serious consequences can result.
Common Types of Restraining Orders
There are several types of restraining orders in Illinois, each designed to protect a different type of person from abuse. These include:
Emergency Protective Order
A temporary order issued by the court to offer protection to a victim of violence or other abuse without notice to the abuser. These stay-away orders are issued by lawful authority and can last up to 31 days, in an effort to protect someone from immediate danger.
Permanent Restraining Order
An order issued by the court, after an initial hearing, is designed to offer more long-term protection from domestic violence or other abuse. It can prevent contact between the two parties, or it may also include provisions such as prohibiting communication, ordering one party to stay away from certain areas or people, or requiring the perpetrator to surrender weapons.
Temporary or Interim Restraining Order
These orders are issued as a preliminary measure until a full hearing can take place. They provide the same protections as a permanent restraining order, but for a shorter period of time. It is usually issued to protect someone from imminent danger.
Learn More: The Journal of the American Academy of Psychiatry and the Law found that when an abuser is served with a restraining order, the rate of future violence or threat drops significantly.
It may include provisions such as prohibiting contact, requiring the restrained party to stay away from certain places or people, or ordering them not to possess weapons. Generally, these orders last up to 30 days, though they can be extended if necessary.
Penalties for Violating a Restraining Order in Illinois
Violating the terms of a restraining order is considered by the court to be a criminal act, and as such carries legal penalties. The penalties for violation can be severe, and even a first offense may result in serious consequences such as a criminal contempt charge.
Aggressive individuals who violate a restraining order may face combined penalties of jail time, fines, community service, and even counseling sessions. In civil matters, alleged harassment victims may seek permission from a court to protect themselves from the defendant in question and any broad term of the danger of harassment.
Moreover, criminal matters resulting from violating a restraining order may also impose serious consequences on the defendant. It is important to take these potential outcomes into account when considering whether or not to violate a restraining order.
Restraining Orders without Physical Harm
It is important to note that even if the restrained person does not physically harm the protected person, they could still face criminal charges for violating a restraining order. This means that even if someone simply contacts or communicates with the protected individual in some way, or if they fail to stay a certain distance away from them, they can still face criminal charges - on that legal basis - for violating the restraining order.
Moreover, it should be remembered that restraining orders are civil court orders and have no effect on other criminal proceedings. In other words, even if someone is convicted of violating a restraining order, it does not mean they cannot also be prosecuted for committing a crime of domestic violence or some other criminal offense.
Criminal Conviction
A criminal conviction can be the result of violating a restraining order, as it is considered a criminal offense. Those who are found guilty of violating a restraining order may face charges of criminal threats, criminal violation, and other severe penalties.
Additionally, a person’s criminal history can be impacted if they are found guilty of violating a restraining order, as acts of violence or domestic disputes can be taken into account. It is important to respect and adhere to the provisions of a restraining order to avoid these criminal consequences.
Accordingly, it is critical to take steps to ensure that you are following the terms of your restraining order, and if necessary seek legal advice from an experienced criminal defense lawyer.
Call Ktenas Law Today!
Given the serious implications of violating a restraining order, it is important to understand your rights and be aware of the typical consequences that could result from non-compliance. If you are being threatened or harassed by someone who has a restraining order issued against them or you want to know more about how to protect yourself with a restraining order, you have to take action and protect yourself.
You must seek legal advice from a qualified attorney who can help you understand your legal rights and the legal consequences of violating a restraining order so that you can make the best decisions for your case.
At Ktenas Law, our experienced criminal defense attorneys can help defend your rights and ensure that you receive the best outcome possible in your case. We understand how intimidating these types of cases can be, and we will do everything we can to help you navigate this difficult situation.
For a free consultation contact us today at (312) 756-8652 and know more about how we can help protect your rights.
