Illinois has a strict set of laws and regulations designed to protect victims of domestic violence. Under the laws that govern orders of protection in Illinois, you can be charged with a domestic violence crime without even committing an act of violence. In fact, one can violate an order just by contacting the subject of the order.
Violating Orders of Protection
Under Illinois law, when an order of protection is violated, you can be charged with a Class A misdemeanor which is punishable by up to one year in jail and carries a fine of $2,500.
Many people mistakenly believe that if they can evade getting served an order or protection, they cannot be arrested for violating the order. However, if you are aware that an order of protection was being sought, or had been issued, you can be arrested for violating the order prior to being served. Still, it may be possible to defend against such charges because the prosecution may have a challenge proving its case.
Additionally, if you are convicted a second time of violating a protective order, this is considered a Class 4 felony and is punishable by a maximum of one to three years in prison and carries a $25,000 fine.
Other Domestic Violence Crimes
Beyond violating an order of protection there are other more serious domestic violence offenses. The most common offenses include the following:
- Domestic battery;
- Aggravated domestic battery; and
- Interfering with the reporting of domestic violence.
Domestic battery occurs when an individual intentionally causes bodily harm to a family or household member or makes physical contact in an insulting or provocative way. Domestic battery is a Class A misdemeanor. However, if the defendant has a prior conviction for a domestic violence crime, including violating a protective order, it is then a Class 4 felony.
Aggravated domestic battery occurs when an individual causes great bodily harm, permanent disability, or disfigurement to a family or household member. This crime is a Class 2 felony. If convicted, the individual is subject to a maximum of three to seven years. However, all defendants must be incarcerated for a minimum of 60 days. Moreover, defendants with one prior domestic battery conviction must be sentenced to a minimum of three years in prison.
The interference with the reporting of domestic occurs when an individual tries to prevent a victim or witness of domestic violence from making a 911 call, reporting the incident, or seeking medical help. This crime is classified as a Class A misdemeanor.
If you have been charged or accused of a domestic violence crime, please contact an aggressive and experienced Schaumburg criminal defense lawyer immediately. Do not speak to anyone about your case until you have consulted with an attorney. Call Glasgow & Olsson today at 847.577.8700 to schedule your consultation.
Source:
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000600HArt%2E+II&ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000