Violation of an Order of Protection

Introduction

If you are facing a charge for Violation of an Order of Protection in Illinois, it is crucial to understand the nature of the charge, how the legal process unfolds, and the potential consequences of a conviction. Attorney James Dimeas, with over 32 years of experience in criminal defense, is here to provide clarity, guidance, and strategic defense to individuals confronting these charges throughout Chicago, Cook County, DuPage County, Kane County, and Lake County.

What Is an Order of Protection?

An Order of Protection is a legal directive issued by a court to protect individuals who claim to have experienced abuse, harassment, or threats. The order imposes restrictions on the respondent, such as prohibiting contact with the petitioner, staying away from specific locations, or ceasing any form of communication. There are two main types of Orders of Protection:

1. Civil Order of Protection: This order typically originates when an individual files a petition alleging abuse or harassment. A judge may issue a Temporary Order of Protection if the petition demonstrates a credible threat. Afterward, a hearing is scheduled to determine whether a Plenary Order of Protection should be granted, which can remain in effect for up to two years.
2. Criminal Order of Protection: This order is often associated with criminal charges like Domestic Battery. During the initial court appearance, the prosecution may request an Order of Protection to protect the alleged victim. This order can extend throughout the duration of the criminal case and potentially beyond if a conviction occurs.

Understanding the Charge of Violation of an Order of Protection

Under Illinois law (720 ILCS 5/12-3.4), a Violation of an Order of Protection occurs when an individual knowingly disregards the terms specified in the order. Violations can include:

• Direct physical contact with the protected individual.
• Indirect contact through phone calls, text messages, or social media.
• Entering restricted locations such as the victim’s home or workplace.
• Sending messages through a third party.

Legal Process for Violation of an Order of Protection Cases

1. Arrest and Initial Charges: If you are accused of violating an Order of Protection, law enforcement will investigate the alleged incident and, if warranted, make an arrest. You will then be formally charged with Violation of an Order of Protection.
2. Bond Hearing: At the bond hearing, the judge will determine whether to grant release and under what conditions. In many cases, the court may reaffirm or modify the existing Order of Protection.
3. Pre-Trial Proceedings: During the pre-trial phase, your attorney will have the opportunity to review evidence, interview witnesses, and file motions to challenge the prosecution’s case. Attorney James Dimeas meticulously examines the circumstances of each case, including whether the order was properly served and whether the alleged violation meets the legal criteria.
4. Trial: If the case proceeds to trial, both sides present evidence and testimony before a judge or jury. The prosecution must prove beyond a reasonable doubt that you knowingly violated the terms of the order. Defense strategies might include demonstrating a lack of intent, errors in the service of the order, or the absence of prohibited conduct.
5. Verdict and Sentencing: If convicted, sentencing will follow. The penalties depend on the nature and severity of the violation and any prior history of similar offenses.

Potential Penalties for Violation of an Order of Protection

• Class A Misdemeanor: Most violations are classified as Class A misdemeanors, which carry penalties of up to 1 year in jail, fines up to $2,500, and mandatory counseling in some cases.
• Class 4 Felony: If you have prior convictions for domestic violence or certain other offenses, the charge may be elevated to a Class 4 felony. This felony conviction can result in 1 to 3 years in prison and potential long-term impacts on employment, firearm ownership, and other civil rights.

Collateral Consequences of a Conviction

A conviction for Violation of an Order of Protection can have far-reaching effects beyond jail time or fines. These may include:

• Criminal Record: A conviction will appear on your record, potentially hindering employment, housing, and educational opportunities.
• Child Custody Issues: Family court judges may consider the conviction when determining custody or visitation rights.
• Immigration Consequences: Non-citizens may face deportation or denial of future immigration benefits.

Defense Strategies

Attorney James Dimeas employs a variety of defense strategies tailored to the specifics of each case, such as:

1. Challenging the Validity of the Order: If the Order of Protection was not properly served or issued without legal justification, the charges may be dismissed.
2. Lack of Intent: The prosecution must prove that the violation was intentional. If the contact was accidental or occurred under ambiguous circumstances, this may form the basis of a defense.
3. Questioning the Evidence: Attorney Dimeas scrutinizes the credibility of the evidence, including witness testimony, digital communications, and surveillance records.
4. Consent from the Protected Party: While consent from the protected individual does not excuse a violation, it may provide context that influences prosecutorial discretion or sentencing.

Why Choose Attorney James Dimeas?

James Dimeas is a nationally recognized criminal defense attorney with decades of experience defending clients against charges of Violation of an Order of Protection. His accolades include being named a Top 100 Criminal Defense Lawyer in Illinois and receiving the 10 Best Attorney for Client Satisfaction award. With a deep understanding of Illinois law and court procedures, he ensures that each client receives personalized, strategic defense.

Contact Us

If you or a loved one is facing a Violation of an Order of Protection charge, time is critical. Contact Attorney James Dimeas for a free, confidential consultation at 847-807-7405. With his proven track record and dedication to client success, you can rest assured that your case is in capable hands. Don’t let a criminal charge define your future; reach out today and take the first step toward safeguarding your rights and freedom.