720 ILCS 5/12-3.4 – Violation of an Order of Protection
This law makes it a crime to break the rules set by a court order meant to protect someone from harm or abuse.
This statute says that if someone knowingly disobeys a restraining order–like contacting, harming, or approaching a person the court said to stay away from–they can be charged with a crime. The punishment depends on whether the person has broken such an order before or has a criminal history.
(a) A person breaks an order of protection if they knowingly do something the court told them not to do, or fail to do something the court ordered them to do. For this to be a crime:
- The act must have been in violation of restraining order, whether from Illinois or another jurisdiction.
- The offender must have been given notice of the restraining order.
These orders can come from criminal or civil cases.
(a-5) If a person was not given a fair chance to know about or respond to an order from another state, they can use that as a legal defense.
(b) Courts still have the power to enforce their orders using contempt of court rules when someone disobeys them (regardless of this law).
(c) Police officers are protected from certain related legal claims, as described in the Illinois Domestic Violence Act of 1986.
(d) Sentence: Breaking an order of protection is normally a Class A misdemeanor. It becomes a Class 4 felony if the person has been convicted before for crimes like domestic battery, violating a protection order, or other violent crimes against household members.
For a second or later violation, the person must spend at least 24 hours in jail unless the court finds that jail time would be unfair. Courts may also issue fines or require the person to pay the victim back for losses.
(e) (This part is intentionally left blank.)
(f) If someone gets another person to break a protection order for them, they are just as guilty as if they did it themselves–even if the helper didn’t know it was wrong.
Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.
