NOTE: The content below has been refreshed to account for the passage of Public Act 100-0987. When this Act took effect on July 1, 2019, there were subtle changes to the penalties for violating an order of protection in Illinois.
Any person who violates an order of protection in Illinois will likely face Class A misdemeanor charges. The punishment can include up to one year in jail and a $2,500 fine. The court may also sentence the defendant to probation, counseling, and community service. Supervision is available for this offense, which means that a first offender may be eligible to have the record of this charge expunged.
Section 720 ILCS 5/12-3.4
The offense is governed by section 720 ILCS 5/12-3.4, which provides the following:
A person is guilty of violating an order of protection if he or she commits an act which was prohibited by a court or fails to commit an act which was ordered by a court as a remedy in an order of protection, and such violation occurs after the offender has been served notice of the contents of the order or otherwise has acquired actual knowledge of the contents of the order.
Typically, a defendant is charged with violation of an order of protection for making contact with a protected party by telephone, voicemail, email, or text message. The protected party is usually an ex-boyfriend or ex-girlfriend, a former spouse, or a child. Ceasing all contact can be difficult. So violations usually happen all the time, but often are not reported.
Other means of violating an order of protection include going within 500 feet of a protected party, residence, or place of employment. It is also a violation to have a third party pass on messages to a protected party.
What is a Plenary order?
The law in Illinois provides that an order of protection can last for up to two years. This is called a plenary order.
A plenary order of protection comes about when the respondent was served by the sheriff with a petition for an emergency order of protection alleging abuse or harassment. In these cases, the respondent must be given an opportunity to be heard in court.
Once a plenary order is put into place by the court, it will remain in place for the full timeline. The only way it can be removed during the two-year period is if the petitioner agrees to vacate the order.
What happens if order is violated?
Most people believe that if they have not been served with an order of protection, they cannot be arrested for making contact with the petitioner. This belief is mistaken. If the police have evidence that the defendant knew about the order of protection and contacted the petitioner anyway, this is probable cause for an arrest.
If a charge comes about this way, it is generally a defensible case because the prosecution will have proof problems. How will the State prove the defendant had actual knowledge of the contents of the order? The prosecution would have to rely on circumstantial evidence to prove the defendant’s state of mind, which is rarely a straightforward process.
A second offense of violating an order of protection can be charged as a Class 4 felony offense, which carries 1-3 years in the Department of Corrections and a possible fine of $25,000. The court may sentence the defendant to probation. But this offense also requires a minimum 24-hour incarceration in jail.
Before Public Act 100-0987 became Illinois law in July of 2019, there was an additional fine of $20 for any violation of an order of protection. But after this Act’s effective date, the additional fine no longer applies.
Nonetheless, violation of an order of protection is a serious case. Judges tend to impose disproportionately harsh sentences for this offense, as it is a violation of a court-imposed restriction. Consequently, if faced with this type of charge, it is important to seek legal counsel immediately.