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Aggressive. Experienced.
Chicago Criminal Defense Attorney Former Cook County Felony Prosecutor
Violation of Order of Protection
CHARGED WITH VIOLATION OF AN ORDER OF PROTECTION IN CHICAGO? ANDREW M. WEISBERG CAN DEFEND YOUR RIGHTS
TOUGHER ENFORCEMENT UNDER THE NEW COOK COUNTY STATE’S ATTORNEY
With a newly elected Cook County State’s Attorney, there is a heightened focus on aggressively prosecuting violations of orders of protection. The new administration has emphasized a zero-tolerance policy for domestic-related offenses, including strict enforcement of protection orders. This means that individuals accused of violating an order of protection are more likely to face harsh penalties, fewer plea bargains, and a determined prosecution. Given this shift, securing a skilled and experienced defense attorney is more crucial than ever to protect your rights.
UNDERSTANDING VIOLATION OF AN ORDER OF PROTECTION IN ILLINOIS
An order of protection is a legal document issued by a court to protect an individual from harassment, abuse, or threats by another person. The order typically prohibits the accused from contacting or approaching the protected individual, and it may include additional restrictions such as staying away from certain locations or surrendering firearms.
Under Illinois law, specifically 720 ILCS 5/12-3.4, a violation of an order of protection occurs when an individual knowingly disobeys any of the terms set forth in the order. This can include actions such as:
Contacting the Protected Person: This includes direct contact via phone calls, text messages, emails, social media, or in-person encounters.
Approaching Restricted Locations: Violating the terms of the order by coming within a specified distance of the protected person’s home, workplace, or other designated areas.
Harassment or Stalking: Engaging in any form of harassment, intimidation, or stalking, which the order explicitly forbids.
Failure to Surrender Firearms: If the order requires the surrender of firearms and the accused fails to comply, this constitutes a violation.
Violating an order of protection is taken seriously by law enforcement and the courts, and even a single violation can lead to severe consequences.
PENALTIES FOR VIOLATION OF AN ORDER OF PROTECTION IN CHICAGO
The penalties for violating an order of protection in Illinois can vary depending on the circumstances of the offense and whether the accused has prior convictions:
Class A Misdemeanor: A first-time violation of an order of protection is generally classified as a Class A misdemeanor, carrying a potential jail sentence of up to 1 year and fines of up to $2,500.
Class 4 Felony: If the violation involves aggravating factors, such as causing physical harm to the protected person, or if the accused has prior convictions for similar offenses, the charge can be elevated to a Class 4 felony. This carries penalties including 1 to 3 years in prison and fines of up to $25,000.
Mandatory Jail Time: In certain cases, the court may impose mandatory jail time for repeat offenders or for particularly egregious violations.
Permanent Criminal Record: A conviction for violating an order of protection will result in a permanent criminal record, which can severely impact your ability to secure employment, housing, and other opportunities in the future.
Given these penalties, it is crucial to have a skilled and experienced defense attorney who can challenge the prosecution’s case and work to protect your future.
WHY CHOOSE ANDREW M. WEISBERG AS YOUR DEFENSE ATTORNEY?
Andrew M. Weisberg is a seasoned criminal defense attorney with extensive experience handling cases involving orders of protection, including charges of violating such orders. His background as a former Cook County prosecutor gives him unique insights into how these cases are built and prosecuted, allowing him to anticipate the prosecution’s strategies and develop a robust defense on your behalf.
When you choose Andrew as your defense attorney, you benefit from:
Comprehensive Legal Knowledge: Andrew’s thorough understanding of Illinois laws regarding orders of protection ensures that your case will be handled with the utmost competence and care.
Aggressive Defense Strategies: Andrew is known for his relentless and proactive defense tactics, exploring every possible angle to protect your rights.
Personalized Attention: Andrew provides each client with individualized attention, ensuring that your specific circumstances and needs are fully addressed.
DEFENDING AGAINST CHARGES OF VIOLATING AN ORDER OF PROTECTION IN CHICAGO
Successfully defending against charges of violating an order of protection requires a strategic and comprehensive approach. Andrew M. Weisberg will thoroughly investigate the circumstances of your case, scrutinizing every piece of evidence and questioning the validity of the prosecution’s claims. Some potential defense strategies may include:
Lack of Knowledge: The prosecution must prove that you knowingly violated the order of protection. If you were unaware of the order or misunderstood its terms, this could be a significant defense.
False Accusations: In some cases, the protected person may falsely accuse the defendant of violating the order out of spite, revenge, or to gain an advantage in a related legal matter. Andrew will work to uncover any evidence of false accusations.
Unintentional Violation: If the violation occurred inadvertently or without intent to harm or harass the protected person, Andrew may argue that the violation was unintentional.
Violation of Constitutional Rights: If your rights were violated during the investigation, arrest, or interrogation—such as through unlawful search, seizure, or coercion—Andrew may be able to have key evidence suppressed, weakening the prosecution’s case.
Andrew will work tirelessly to build a strong defense, aiming to reduce the charges, negotiate a favorable plea, or secure an acquittal.
THE IMPORTANCE OF EARLY LEGAL INTERVENTION
If you have been charged with violating an order of protection, it is crucial to seek legal representation as soon as possible. Early intervention by a skilled attorney can make a significant difference in the outcome of your case. Andrew M. Weisberg will take immediate action to protect your rights, gather evidence, and develop a defense strategy tailored to your specific situation.
ANDREW M. WEISBERG: COMMITTED TO YOUR DEFENSE
Facing charges of violating an order of protection can be overwhelming and stressful. Andrew M. Weisberg is committed to providing compassionate and effective legal representation throughout the entire process. He will keep you informed at every stage, answer all your questions, and fight tirelessly to protect your rights and future.
CONTACT THE LAW OFFICES OF ANDREW M. WEISBERG TODAY
If you have been arrested or charged with violating an order of protection in Chicago, don’t delay in seeking legal representation. Andrew M. Weisberg is available 24/7 to discuss your case and provide the immediate assistance you need.
Contact Andrew today for a free, confidential consultation:
Phone: Call (773) 908-9811 anytime, day or night.
Online: Fill out the Case Review form on our website, and we will get back to you promptly.
Remember, the sooner you have an experienced attorney on your side, the better your chances of achieving a favorable outcome. Let Andrew M. Weisberg put his expertise to work for you.
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