What Happens if You Violate an Order of Protection?

 Posted on March 15, 2026 in Criminal Defense

Having an order of protection against you changes things quickly and in ways you may not have fully anticipated. Under the Illinois Domestic Violence Act of 1986, a plenary order of protection can last up to two years and restrict where you can go, who you can contact, and in some cases, whether you can remain in your own home.

One misstep, even an unintentional one, can result in criminal charges. If you're in this situation in 2026, a Gurnee, IL orders of protection lawyer can help you understand exactly what the order requires and what's at stake if it's violated.

What Does an Order of Protection Prohibit in Illinois?

The specific restrictions in your order depend on what the court included. Still, common terms prohibit you from contacting the protected person in any way and going near their home, workplace, or school, and in some cases, require you to leave a shared residence.

Under 750 ILCS 60/214, the court can also restrict your parenting time, require you to attend counseling, and prohibit you from possessing firearms for the duration of the order. It's important to read every term of your order carefully. Even actions you did not intend as a violation can lead to charges if the court believes you knowingly engaged in conduct the order prohibited.

What Are the Criminal Penalties for Violating an Order of Protection in Illinois?

A first violation of an order of protection is typically charged as a Class A misdemeanor under 720 ILCS 5/12-3.4. That means you could face up to one year in jail and a fine of up to $2,500. The court may also impose probation or require counseling.

A second or subsequent violation can be charged as a Class 4 felony, which carries one to three years in the Illinois Department of Corrections. Under 720 ILCS 5/12-3.4(d), a second violation also comes with a mandatory minimum of 24 hours in jail. Beyond jail time and fines, a conviction creates a permanent criminal record that can affect your job, housing, and custody arrangements for years to come.

What If I Didn't Know I Was Violating an Order of Protection in Illinois?

This is one of the most common and difficult situations people face. You can only be charged with a violation if you had notice of the order's contents. However, notice doesn't require a sheriff to physically hand you the paperwork. If the court finds you had actual knowledge of the order through any means, that can be enough.

Some violations happen because the protected person reaches out first. This is an important point. If the other party contacts you, that does not permit you to respond. The order applies to you regardless of what the other person does. Responding to their contact can still be treated as a violation.

What Are the Possible Defenses to an Order of Protection Violation Charge in Illinois?

Being charged with a violation doesn't automatically mean you'll be convicted. There are real defenses available, and an attorney can review the facts of your case to identify the strongest ones.

Some common defenses include:

• You were never properly notified of the order or its contents.

• The evidence is insufficient to prove a violation occurred.

• The terms of the order were too vague to clearly prohibit the conduct in question.

A first-time misdemeanor charge may also be eligible for court supervision, which can allow you to avoid a permanent conviction on your record if you meet certain conditions. An attorney can evaluate which defenses and options apply to your specific situation and help you pursue the best possible outcome.

Schedule a Free Consultation With Our Lake County, IL Orders of Protection Attorney

You don't have to navigate this alone, and having the right attorney can make all the difference. Attorney Gebhardt has worked for the Cook County State's Attorney's Office as a prosecutor, which means he understands how the other side builds these cases and what it takes to defend against them. With broad experience in criminal law in Illinois, he knows what to look for and how to protect your rights.

If you're facing an order of protection violation charge, contact our Gurnee, IL order of protection lawyer today. Call 847-239-4703 to schedule a free consultation.