Civil Order of Protection Defense in Illinois

When someone files an order of protection against you in Illinois, your fundamental rights hang in the balance. The legal landscape surrounding protective orders demands immediate legal action.

Kopp Law brings decades of trial experience to your defense throughout Kane County, DuPage County, and DeKalb County. I am attorney John Kopp, a former Cook County prosecutor who has handled numerous orders of protection and domestic violence cases.

Restrictions Imposed By An Order Of Protection

Under the Illinois Domestic Violence Act, an order of protection can:

• Bar you from contacting or going near the petitioner
• Remove you from your own residence
• Restrict your ability to see your children
• Limit your right to possess firearms

Even if you believe the order was filed unfairly, these restrictions go into effect immediately. Violating them can worsen matters, which is why skilled legal guidance is so important. 

Penalties For Violating An Order Of Protection

In Illinois, a violation of an Order of Protection is a Class A misdemeanor, which can lead to up to a year in jail and fines as high as $2,500. If you have prior domestic violence issues, the charge could escalate to a felony, potentially lengthening the order or adding stricter terms. 

Law enforcement takes these violations seriously, often leading to immediate arrest without investigation of the circumstances. Your freedom, therefore, depends on understanding every restriction and having legal representation ready to respond if accusations arise. 

How To Challenge An Order Of Protection

You do not have to accept the order as permanent. With the right defense, you can present evidence, cross-examine witnesses and show the court why the order should be modified or dismissed. My experience on both sides of the courtroom gives you a clear advantage in these hearings.

How Long Do Orders Of Protection Last?

Illinois recognizes three distinct types of protective orders with varying durations:

• Emergency orders provide immediate but temporary protection lasting up to 21 days.
• Interim orders bridge the gap until full hearings can be scheduled, typically within 30 days.
• Plenary orders represent the most serious form, potentially lasting up to two years and renewable upon petition.

Each type carries identical restrictions and penalties.

Criminal Orders of Protection In Illinois

When the State’s Attorney’s Office files a charge of misdemeanor or felony domestic violence, they will often also file a criminal order of protection to block communication between the complaining witness and the defendant. Under Illinois law, if you a defendant wants to refute a criminal order of protection, he or she must file a meritorious defense.

How Does the State Obtain a Criminal Order of Protection?

• Step 1: Filing Charges
• • The process begins when the State files criminal charges against the accused for domestic violence.
• Step 2: Requesting the Order
  • The prosecutor requests a criminal order of protection as part of the case.
• Step 3: Court Hearing
  • A judge reviews the evidence, which may include testimony, police reports, or affidavits.
  • The State must prove that the order is necessary to protect the victim.
• Step 4: Issuance of the Order
  • If the judge finds sufficient evidence, the order is issued.
  • The order remains in effect for the duration of the criminal case and may be extended if necessary.

What Happens if the Order is Violated?

Violating a criminal order of protection is a serious offense.

• First Violation: Typically charged as a Class A misdemeanor.
• Subsequent Violations: May be charged as a Class 4 felony, especially if the accused has prior convictions for domestic violence.
• Law enforcement can arrest the violator without a warrant if there is probable cause to believe the order has been violated.

How Can a Defendant File a Meritorious Defense?

A defendant can challenge the charges or the order of protection by filing a meritorious defense.

• Key Elements of a Meritorious Defense:
  • The defendant must show that the allegations are false or that there is insufficient evidence to support the order.
  • In some cases, the defense may present evidence of mitigating circumstances, such as being a victim of abuse themselves.
  • The defense must provide new, material evidence that could change the outcome of the case.

Protect Your Future Today

My dual perspective as prosecutor and lawyer gives Illinois clients a strategic advantage when challenging unfair or wrongfully obtained protective orders. Call Kopp Law at 630-749-2919 or fill out the online form to schedule your confidential consultation today.