Omar Bennett
In Illinois, a restraining order is a legal remedy for abuse, specifically targeting the prevention of domestic violence. Violating a restraining order is considered a crime and can be charged as a misdemeanour or a felony, depending on the circumstances. A violation can occur through direct or indirect contact with the protected person, refusing to move out of a shared residence, or failing to stay away from the protected person's place of employment. The penalties for violating a restraining order can include incarceration, fines, restitution, and community service.
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What You'll Learn
Violating a no-contact order
In Illinois, a person who feels threatened by another or fears for their safety can obtain a civil remedy for abuse through a "no-contact order", otherwise known as a restraining order. A no-contact order is served to a defendant who must then avoid contacting the accuser. It is a crime to violate this order, and one can be charged with either a misdemeanour or a felony depending on the circumstances.
Violation of a no-contact order is considered "contempt of court". While a no-contact order must be framed in a manner that makes it possible for people to comply with its terms, there are several ways to violate these conditions. This includes but is not limited to:
- Direct or indirect contact with the person in any capacity (in person, by phone, text, email, social media, through another person, or even by mail)
- Refusing to move out of a residence where you live with the protected person
- Failing to stay away from the protected person's place of employment (even if you work in the same place)
- Failure to comply with court-ordered child visitation rules
If you are the subject of a no-contact order and have been accused of violating it, it is imperative to seek legal assistance.
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Firearms restraining order
In Illinois, individuals can petition the Court for three common protective orders: Order of Protection, Stalking No Contact Order, and Civil No Contact Order. Violation of a domestic violence order of protection can be a Class A misdemeanour, and if convicted, the respondent may have to pay a fine of $2,500, go to jail for up to one year, or both. If the abuser has prior convictions, it can be a Class 4 felony, with penalties including jail time of one to three years and a fine to be decided by the judge.
The Firearms Restraining Order Act directs the court to provide forms and clerical assistance through the office of the circuit clerk. If the respondent violates a firearms restraining order, they can be convicted of a Class A misdemeanour. The respondent may have to pay a fine of $2,500, go to jail for up to one year, or both.
If the police do not arrest the abuser or file a criminal complaint, you may still have the right to file for civil contempt for a violation of the order. It can be a crime and contempt of court if the abuser knowingly violates the order in any way. If the abuser is a minor, the court may hold the parents, guardian, or legal custodian of the minor in civil or criminal contempt for the violation if they directed, encouraged, or assisted the minor in violating the order.
You can call the police or sheriff, even if you think it is a minor violation. The Illinois Domestic Violence Act requires that the police take all reasonable steps to prevent further abuse, including possibly arresting the abuser. It is not necessary for the police to witness the actual abuse, as long as there is "probable cause" to believe that a crime occurred.
There are several resources available in Illinois for those seeking protective orders. The Illinois Domestic Violence Help Line operates 24 hours a day, 7 days a week, and provides confidential support and referrals to shelters, counselling, supervised child visitation services, and legal services. Cook County Legal Advocates offer non-lawyer legal advocates to answer questions and support those affected by domestic violence as they navigate the legal system. Illinois Legal Aid Online (ILAO) provides online resources about protective orders, including an online program to assist with preparing an Order of Protection before going to court. Court paperwork can be accessed and filled out online before bringing it to the courthouse, and assistance is available at each Domestic Violence Division site.
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Orders of Protection
In Illinois, individuals can petition the Court for three common protective orders: Order of Protection, Stalking No Contact Order, and Civil No Contact Order. Orders of Protection are court orders that can protect one family member or household member from the actions of another. They are governed by the Illinois Domestic Violence Act and are distinct from general restraining orders.
To obtain an Order of Protection, the respondent must have engaged in "abuse" or must have "neglected" or "exploited" a "high-risk" disabled adult. The definition of "abuse" is broad and includes physical attacks, neglect, and exploitation. Minor children and anyone who lives with the petitioner can be included as additional protected parties in the order of protection.
To file for an Order of Protection, individuals can find the necessary court paperwork online and fill it out before bringing it to the courthouse. Paperwork is available from the Clerk of the Circuit Court of Cook County. There may be assistance available at the courthouse, and services are provided at each Domestic Violence Division site. It is also possible to download and complete the Order of Protection forms from the Illinois Office of the Courts.
Violating an Order of Protection is a serious crime and can result in incarceration, payment of restitution, a fine, payment of attorneys' fees, or community service. The first violation of an Order of Protection is a Class A misdemeanor, with penalties of up to one year in jail and a fine of up to $2,500. Subsequent violations are Class 4 felonies, punishable by 1-3 years in jail and a fine of up to $25,000.
If you feel threatened by another person or fear for your safety, it is important to take action and seek help. The Illinois Domestic Violence Help Line is a 24/7 confidential service that provides information, support, and referrals to those affected by domestic violence.
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Stalking No Contact Order
In the state of Illinois, individuals can petition the Court for three common protective orders: Order of Protection, Stalking No Contact Order, and Civil No Contact Order.
A Stalking No Contact Order (SNCO) is a civil remedy for abuse, which can be filed with the circuit clerk at the courthouse in the county where the petitioner lives, where the stalker lives, or where the stalking events happened. It is a way to protect oneself from another person whose actions are causing fear for one's safety. When this order is served and imposed, the respondent must avoid contacting the petitioner in any capacity, including in person, by phone, text, email, social media, through another person, or even by mail. They must also move out of any shared residence and stay away from the petitioner's place of employment.
Violating a Stalking No Contact Order is considered contempt of court and is a crime in Illinois. The first violation of an SNCO is generally a Class A misdemeanor, which can result in penalties of up to one year in jail and a fine of up to $2,500. Defendants may also be ordered to pay victim restitution, attend counseling, and relinquish any personal firearms. Subsequent violations or those resulting in physical injury to the victim can be charged as a Class 4 felony, punishable by 1-3 years in the Department of Corrections and a fine of up to $25,000.
If you feel your safety is at risk, you can call the Illinois Domestic Violence Help Line at (877) 863-6338. This is a toll-free, confidential, multilingual 24-hour information service. They can provide information and support and link you to shelters, counseling, supervised child visitation services, legal services, and other community-based sources of assistance.
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Civil No Contact Order
In Illinois, individuals can petition the Court for three common protective orders: Order of Protection, Stalking No Contact Order, and Civil No Contact Order.
A Civil No Contact Order is a civil remedy for abuse, also referred to as a restraining order. When served and imposed, a defendant must avoid contacting the accuser. It is a crime to violate this order, and it is taken very seriously by prosecutors in Illinois. Violation of a no-contact order is considered contempt of court.
There are several ways in which a no-contact order can be violated, including but not limited to:
- Direct or indirect contact with the person in any capacity (in person, by phone, text, email, social media, through another person, or even by mail)
- Refusal to move out of a shared residence
- Failure to stay away from the protected person's place of employment
- Failure to comply with court-ordered child visitation rules
Violating a civil no-contact order can result in incarceration, payment of restitution, a fine, payment of attorneys' fees and costs, or community service. The first violation of a civil no-contact order is typically a Class A misdemeanour, carrying penalties of up to one year in jail and a fine of up to $2,500. A second or subsequent violation can be a Class 4 felony, with penalties of 1-3 years in jail and a fine of up to $25,000.
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Frequently asked questions
A restraining order is a court order that requires one person to refrain from contacting or coming near another person. Restraining orders are typically sought by individuals who feel threatened by another person or fear for their safety.
Violating a restraining order in Illinois can include direct or indirect contact with the protected person, refusing to move out of a shared residence, failing to stay away from the protected person's place of employment, or failure to comply with court-ordered child visitation rules.
The penalties for violating a restraining order in Illinois can include incarceration, fines, payment of restitution, community service, and the relinquishment of personal firearms. The first violation is typically a Class A misdemeanor, while subsequent violations can be charged as Class 4 felonies.
If you feel threatened or fear for your safety, you can petition the court for a restraining order, also known as an Order of Protection in Illinois. You can call the Illinois Domestic Violence Help Line at (877) 863-6338 for more information and assistance.
