Violating an order of protection is a Class A misdemeanor, and the abuser could go to jail for up to 364 days and pay a $25 fine. A second violation of an order of protection (or a violation after conviction of a serious crime against a family or household member) can be a felony.
What violates an order of protection in Illinois?
A person is guilty of violating an order of protection if he or she commits an act which was prohibited by a court or fails to commit an act which was ordered by a court as a remedy in an order of protection, and such violation occurs after the offender has been served notice of the contents of the order or otherwise …
What happens when an order of protection is broken?
If you break a restraining order in California you can be charged with a felony and might face between 16 months and three years in jail and a fine of up to $10,000. … A felony charge and conviction for violating a restraining order will lead to the restrained person losing their right to own a gun.
How long does an order of protection stay on your record in Illinois?
The court will determine a time period for which they are effective up to 2 years. If the Order of Protection is entered in conjunction with a divorce or other civil case it can last for longer two years.
How long does an order of protection last in Illinois?
The person can get an Emergency Order right away. This only lasts 14 to 21 days. To get a Plenary Order, which can last up to 2 years, the person must get the sheriff to serve you.
Does a restraining order ruin your life?
Even if the restraining order goes on your record, it likely won’t affect your current or future employment. Most employers who conduct background checks only check for the most serious crimes. It costs more to search for every possible crime a person might have committed.
How do you get an order of protection dismissed?
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to “dissolve” (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.
Can I contact someone I have an order of protection against?
You can contact the abuser you have an Order of Protection against. The order only forbids actions by the abuser. It does not forbid your actions. However, such contacts may result in unintended consequences.
How do I get an order of protection dismissed in Illinois?
You can go to court and file a Motion to Modify or a Motion to Terminate your Order of Protection . A Motion to Modify will change the order. A Motion to Terminate will end the order. The clerk will set a court date, and you will have to mail a copy of the motion to the abuser.
Can I get my FOID card back after order of protection?
The State of Illinois has stringent regulations on the right to possess firearms when subject to an order of protection. … If after hearing the petitioner’s testimony the court determines there is a risk of illegal use of firearms, the court may also suspend or revoke a FOID card in the order of protection.