Overview of 720 ILCS 5/12-3.4 – Violation of an Order of Protection
In Illinois, 720 ILCS 5/12-3.4 is the statute that covers violations of orders of protection. An order of protection is a civil court order that helps protect victims of domestic violence, stalking, sexual assault and abuse by restricting a defendant from certain behaviors. Violating one of these court orders is a criminal offense that can result in fines and jail time.Specifically, 720 ILCS 5/12-3.4 states that someone commits violation of an order of protection if they knowingly violate a remedy prohibited by the order. This includes remedies ordered under the Illinois Domestic Violence Act regarding prohibiting abuse, stalking, harassment etc. It also covers similar protections ordered in other states or territories.Below we’ll break down the key aspects of this law, penalties for violating orders of protection, and defenses that someone accused of violation can raise.
Elements of the Crime
There are two main elements prosecutors have to prove for a 720 ILCS 5/12-3.4 violation:
- The defendant knowingly committed an act prohibited by an order of protection, or knowingly failed to commit a required act.
- The violated order was valid and issued under appropriate authority. This includes orders issued under the Illinois Domestic Violence Act, as well as substantially similar orders from other states.
The order must clearly spell out the prohibited acts or required actions. And the defendant must have proper notice of the order’s terms for enforcement. However, prosecutors don’t necessarily have to prove the defendant intended to violate the protection order. Just knowingly committing prohibited acts is enough.
Penalties and Sentencing
Violating an order of protection is generally a Class A misdemeanor in Illinois. This can be punishable by:
- Up to 1 year in county jail
- Fines up to $2,500
If the defendant has at least two prior violations of any protection order, the offense becomes a Class 4 felony. Felony violations can result in:
- 1-3 years imprisonment
- Fines up to $25,000
The court also must impose at least 24 hours jail time for a second or subsequent violation, unless waived for good cause. Other sentencing orders are discretionary based on the case specifics.
Defenses to Protection Order Violations
There are some potential defenses if accused of knowingly violating an order of protection:
Lack of Notice – Defendants can argue they never received proper notice of the protection order or its terms. Prosecutors have the burden of proving notice was given.
Order Wasn’t Valid – One can challenge whether the protection order in question was actually valid and enforceable. For example if it expired or the issuing court lacked proper authority or jurisdiction.
Unintentional Violation – These charges require prosecutors to show the defendant knowingly violated the order’s terms. An unintentional violation caused by a mistake or misunderstanding could warrant dismissal.
Affirmative Defenses – Traditional criminal defenses like duress, entrapment, or self-defense may excuse violating behavior if appropriately raised and proven.In practice, lack of notice or invalid order issues can invalidate charges if raised effectively. Unintentional conduct may persuade prosecutors to drop the matter as well. Traditional defenses can also succeed but depend heavily on case specifics.
Why Protection Orders Matter
Protection orders serve extremely important purposes in restraining dangerous behaviors and protecting victims. Even if annoyances to the restrained person, violating their restrictions undermines this core function. It also shows willful disrespect towards court authority meant to keep people safe.That’s why courts tend to punish violations through contempt, fines, and even jail time. Signifying that everyone must follow court orders, regardless of personal opinions about them. And that victims deserve to have ordered protections enforced.
Protecting Victims in Illinois
Illinois has strong laws meant to protect victims of domestic abuse and violence through court ordered restrictions on offenders. Police are authorized to immediately arrest someone who violates an order of protection rather than just giving warnings. Courts also don’t hesitate to impose jail time, even after first offenses.
This underscores how seriously Illinois takes these situations of victim safety. Offenders need to strictly abide by protection order terms, even if they find them inconvenient or unfair. Otherwise they risk strict penalties, including incarceration, for knowingly violating court mandates.
Practical Impact of Violations
Beyond just criminal penalties, violating protection orders can negatively impact offenders in other ways. It often means heightened monitoring and restrictions if they face any future charges. Judges see it as defiance towards court authority, often influencing harsher sentences for other offenses.
In family law matters like divorce or child custody disputes, protection order violations also look very bad. Family courts will view this behavior as demonstrating poor judgement and self-control. This can really work against getting favorable rulings regarding things like alimony, property division, child custody arrangements, or visitation rights. Protection orders exist to prevent harm and violations provide strong evidence one poses safety risks needing restraint.
Getting Help with Protection Order Violations
If accused of violating an order of protection, having an experienced criminal defense attorney can be extremely valuable. They understand how prosecutors approach these cases, key defenses that apply, and mitigating factors that may persuade reduced charges or penalties.
In particular, lawyers recognize common defects in protection orders that could invalidate allegations. Or they can argue unintentional violations stemming from misunderstandings versus willful non-compliance. There are also procedural safeguards they can assert related to notice, service of process, and constitutional rights.
Skilled counsel makes a big difference in highlighting actual weaknesses in the government’s case versus trying to excuse inexcusable conduct. They can also advise if taking a plea deal makes sense versus challenging the charges at trial. Having strong legal guidance maximizes the chances of dismissing or reducing penalties for protection order violations.
Conclusion
Getting convicted for protection order violations should be taken very seriously, both due to immediate penalties and other collateral consequences. These charges mean victims remain at risk by offenders willfully ignoring court mandates meant to restrain abuse and harassment.
It is critical for those facing allegations to seek legal counsel right away. An attorney may find legitimate deficiencies in how the protection order was issued or prosecuted after the fact. Even without clear defects, skilled lawyers can advocate for mitigated sentencing regarding fines and jail terms if violations did occur.
But in general, anyone under an order of protection should carefully abide by all its terms. Knowingly violating ordered restrictions rarely ends well. It jeopardizes public safety, undermines confidence in the legal system, and destroys one’s credibility in future legal matters. Respecting court authority and victim protections must take priority over personal inconveniences.