If you’ve been served with an order of protection in Illinois, you need to know that the police and other law enforcement officials will know it’s there – and it goes on your criminal record. This guide explains.
Does an Order of Protection Go On Your Record in Illinois?
An order of protection creates a criminal record. When there’s an order of protection on your record, you cannot violate it; if you do, you’ll face criminal penalties. (The first time you violate this official court order, you’re looking at a Class A misdemeanor, so you could go to jail for up to a year and pay fines of up to $2,500. If you violate it more than once, you’re looking at a Class 4 felony – and the penalty for that is up to 3 years in prison and fines of up to $25,000.)
What Can an Order of Protection Do?
Though each one is different, an order of protection may prevent you from contacting the person who took it out against you (that includes contact through a third party), as well as from:
- Entering your own home
- Visiting your children
- Taking your kids out of the state
- Owning a firearm
- Selling, damaging or destroying certain personal property
- Any other actions the judge in your case feels are necessary
It can also require you to attend counseling, appear in court, or give personal property to the alleged victim. Again, though, every order of protection is different – and yours may have different prohibitions and requirements. You should definitely talk to an attorney if someone takes out an order of protection against you.
Does an Order of Protection Go Both Ways?
Orders of protection do not work both ways. The person who files for one doesn’t have to stick to its provisions – so, for example, if that person has to pass by your place of employment every day, they don’t have to take the long way around. Likewise, if that person has firearms, they don’t have to surrender them to law enforcement while the order is in effect.
Do You Need to Talk to an Attorney About Domestic Battery Defense?
If you need to talk to a domestic battery defense attorney in Illinois, we’re here to help. Call us at 847-920-4540 now – we’ll be happy to give you a free consultation and talk to you about your options.