What Happens If I Am Accused of Violating an Order of Protection?

 Posted on March 25, 2025 in Criminal Defense

Being accused of violating an order of protection in Illinois is a serious matter and you could end up facing significant legal consequences. There are many reasons why someone might be wrongly accused of this type of violation, ranging from an innocent misunderstanding to something more vindictive. Whatever the case may be, if you are accused of doing something to violate an order of protection, speak with an experienced Illinois criminal defense lawyer who can explain your options and protect your rights.

How Do Restraining Orders Work in Illinois?

A restraining order, officially known as an order of protection under Illinois law, is a court order intended to protect someone from abuse, harassment, or threats. These orders are often issued in cases involving domestic disputes, and they can place restrictions on where the accused can go, who they can contact, and what they can do. 

Violating any of these conditions can result in criminal consequences, and is typically charged as a Class A misdemeanor. Penalties generally include up to one year in jail, up to $2,500 in fines, probation, community service, or mandatory counseling. In some cases - for example, if the accused has prior convictions for similar offenses or if the violation involved violence or threats - the charge could be elevated to a felony with more severe penalties.

What Happens if I Am Accused of Violating a Restraining Order?

You can be accused of violating an order of protection for various reasons, including unintentional contact, misunderstandings, or communication through third parties. Depending on the circumstances of the alleged violation, you might be able to claim you were falsely accused, had a lack of knowledge about the order, or that it was all a mistake and the contact was purely accidental with no deliberate breach of the order's terms.

If you are accused of violating an order of protection, take this seriously and consider taking the following steps:

• Follow the Order: Even if you believe you were wrongly and unjustly accused, make sure to comply with all aspects of the order until it is all resolved.

• Document Everything: Keep records of your whereabouts, communications, and any potential witnesses who can confirm what you are saying.

• Seek Legal Guidance: An experienced criminal defense attorney can help you build a strong defense and advocate for your rights in court.

Schedule a Free Consultation with a Naperville, IL Criminal Defense Lawyer

Facing accusations of violating an order of protection can feel overwhelming, and the stakes can be quite high, but understanding your legal rights and options is crucial. At Law Office of Philip R. Nathe, our qualified Naperville, IL criminal defense attorney is dedicated to offering proactive legal guidance and helping you navigate how best to address the charges to protect your rights. Call 630-416-7600 to schedule a free consultation.