What Happens If I Get Served With An Order of Protection?

 Posted on April 18, 2022 in Criminal Law

In Illinois, individuals accused of endangering a spouse, family member, or domestic partner may be served with an order of protection. The purpose of the protection order is to keep them away from the alleged victim and prevent the subject from contacting the victim. If you have been served by an order of protection, it is important that you comply with the order and that you understand your rights and responsibilities. 

Orders of Protection in Illinois 

There are three different types of Order of Protection under Illinois law:

• Emergency Order of Protection - The first step is usually for an emergency order to be sought by petitioning a judge. The accused individual does not need to be present for this hearing. This order will last for 14 to 21 days, after which a hearing will be held and a judge will determine if the order should be extended. 
• Interim Order of Protection - This order can be used to extend the order of protection for an additional 30 days until a hearing is held.
• Plenary Order of Protection - This final step may be ordered by a judge after a hearing where both parties are present. This order can last up to two years. 

Depending on the circumstances, the initial order may prevent you from contacting your spouse or your children. While you may want to plead your case immediately, it is important to abide by the order and not attempt any contact until a subsequent hearing can be held. This includes contact by phone call, text message, email, or sending a message through another person. Any violation of an order of protection is a Class A misdemeanor and you could face up to one year in jail and a fine of up to $2,500. 

By contacting an attorney, you can be better prepared with evidence for the hearing to decide on a plenary order of protection. This can include witnesses, phone receipts or records, or other testimony that can build your case and dispute the allegations. 

Contact a Joliet Criminal Defense Attorney

If you are in a divorce case or domestic dispute and have been served with an Order of Protection, it is important that you contact an attorney to discuss your legal options. The Will County defense lawyers of Reeder & Brown, P.C. have experience in these highly emotional cases and will prepare you for your hearing and be ready to defend your case. 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59