Zero Tolerance and Law Enforcement Responsibilities in Orders of Protection

Whether you find yourself in the unfortunate situation of being the offender in an order of protection case or you have just gotten an Order of Protection (OP) or Stalking No Contact Order (SNC) placed on an offender, you should know how seriously the state takes this legal protection. There is no room for making mistakes with an OP or SNC in Illinois since the state takes any violation seriously. It does not matter if you “just wanted to see your child” or “you just wanted to talk things out,” even minor violations will result in serious consequences.

If you are a victim who has successfully filed any type of restraining order, law enforcement officers are obligated by law to do everything in their power to protect you from your abuser and to ensure that they obey the terms of the order. If you are an offender, do not trifle with the law or attempt to take things into your own hands. If you are a victim, rest assured that law enforcement is duty-bound to make sure that you are safe and sound under the terms of the restraining order.

Zero Tolerance in Order of Protection Cases

Legal precedent in Illinois leans heavily on the side of the victim who has sought out a restraining order. Having a restraining order taken out against you is serious and it means that while the order is in effect, you will have to be on your best and most compliant behavior. First violations, despite how minor you may feel they are, are considered Class A Misdemeanors and you could face jail time of a year or fines up to $2500. If you were to violate an order again, or even if you only violate once and have other crimes on your record, you could be charged with a Class 4 felony and face two to six years in jail.

If you have had a restraining order taken out against you, it is important to seek legal help to gain clarity about the terms to avoid accidental violations. If you find yourself in hot water after a misstep, contact our offices immediately.

Obligations of Law Enforcement to Protect Victims

Immediately following a hearing for an order of protection or stalking no contact order, police will make sure that you are given safe transportation and that your abuser does not have access to any weaponry. Police should also inform you of the importance of saving evidence. This initial level of protection and care should let you know that you are in good hands. If you have any concerns regarding your restraining order, be sure to contact the police regarding them and document the officer's badge number for further reference. Documentation will assist in the event of any further legal actions.

Contact an Experienced Lawyer Today

It is important to get professional help in matters involving your safety and security. Do not delay in acquiring legal help from our law offices. Glasgow & Olsson is uniquely qualified to help, especially if you need help advocating for a minor or protecting your children from harm. Make sure to acquire legal assistance the whole way through. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.

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