What Happens If I Violate an Order of Protection?

 Posted on January 21, 2026 in Domestic Violence

Violating an order of protection in Illinois can lead to arrest, jail time, fines, and added court restrictions. These orders are often issued in domestic violence cases. Even a single text message, call, or unapproved visit can be enough to result in charges. Many people do not realize how strictly these orders are enforced until a violation is alleged.

Orders of protection are a regular part of Illinois court proceedings. As of 2026, courts review alleged violations closely, even when there was no physical contact. A Kane County, IL domestic violence lawyer can help explain what this means and how to move forward.

What Is an Order of Protection in Illinois?

An order of protection is a court order meant to protect someone from abuse, harassment, or threats. These orders often arise in domestic violence cases and can involve spouses, former partners, family members, or people who share a home or child.

In Illinois, an order of protection can limit contact, require someone to stay away from certain places, and restrict communication in any form. Temporary orders may be issued quickly and can later be extended or changed by the court.

Once an order is served, it must be followed exactly as written.

What Counts as Violating an Order of Protection?

A violation happens when someone knowingly disobeys any part of the order. Violence is not required. Contact alone can be enough.

Common examples of violations include:

• Calling, texting, emailing, or messaging the protected person

• Going to a location the order says you must avoid

• Sending messages through friends or family

• Failing to leave a shared home when required

Many violations happen because someone misunderstands the order or believes the contact was harmless. An attorney can help you address that.

What Criminal Charges Can Result From a Violation?

Under 720 ILCS 5/12-3.4, violating an order of protection is a criminal offense. A first violation is often charged as a misdemeanor. Repeat violations or violations involving threats or harm can lead to felony charges.

Possible penalties include jail time, probation, fines, and mandatory counseling. A conviction also creates a criminal record, which can affect jobs, housing, and future court matters.

Can I Be Arrested Right Away for a Violation?

Police can arrest someone if they have probable cause to believe an order of protection was violated. A warrant is not always required.

In Kane County, officers often act quickly after a report is made. The court may also change the order to add stricter limits after an alleged violation.

How Can You Fight an Alleged Violation of an Order of Protection?

Every alleged violation is fact-specific. Not every accusation leads to a conviction. Some cases involve misunderstandings, unclear terms, or false claims.

Defending against a violation often starts with carefully reviewing the order of protection and the conduct you are accused of. A defense may focus on issues such as:

• Proper service of the order of protection

• Contact that was not actually prohibited by the order

• Accidental or indirect contact

• Contact initiated by the protected person

• Lack of intent to violate the order

Evidence also plays an important role. Phone records, messages, location data, and witness statements may help show that no violation occurred or that the accusation is inaccurate.

How Can a Lawyer Help With an Order of Protection Violation?

A lawyer can review the order and look closely at the facts. In some cases, accusations involve unclear terms, indirect contact, or false claims. Your attorney will represent you in court, address bond conditions, and work to limit long-term damage to your record.

Schedule a Free Consultation With Our Elgin, IL Domestic Violence Defense Attorney

If you are accused of violating an order of protection, The Law Office of Brian J. Mirandola can help protect your rights. Attorney Mirandola brings more than 20 years of experience in criminal law to these cases. He is also a former Assistant State’s Attorney, which gives him insight into how prosecutors handle order-of-protection violations.

Call 847-488-0889 to schedule your free consultation with our Kane County, IL domestic violence lawyer today and start building your case.