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Restraining Order Violation Attorneys, Chicago, Illinois

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Restraining Order Violation

Under Illinois law, (720 ILCS 5/12-30), a Restraining Order Violation is a crime for which you can be arrested. In most cases, it is a Class A Misdemeanor. However, you can be charged with a Class 4 Felony if you have a prior conviction for a Domestic Battery, Order of Protection Violation, or another serious crime. The Chicago criminal defense attorneys at Legal Defenders, P.C., have a thorough understanding of the different types of Violation of Protection Order cases and know how the law applies to each particular case. In addition, the Chicago criminal defense attorneys at Legal Defenders, P.C., have extensive experience representing individuals charged with Misdemeanor and Felony Restraining Order Violation and will be able to come up with the best strategy to obtain a satisfactory result in your case.

If you have been convicted of any of the following crimes and are arrested for Restraining Order Violation, you may be charged with a Class 4 Felony. Those prior convictions include: First Degree Murder, Attempt to Commit First Degree Murder, Aggravated Domestic Battery, Aggravated Battery, Heinous Battery, Aggravated Battery with a Firearm, Aggravated Battery of a Child, Aggravated Battery of an Unborn Child, Aggravated Battery of a Senior Citizen, Stalking, Aggravated Stalking, Criminal Sexual Assault, Aggravated Criminal Sexual Assault, Kidnapping, Aggravated Kidnapping, Predatory Criminal Sexual Assault of Child, Aggravated Criminal Sexual Abuse, Unlawful Restraint, Aggravated Unlawful Restraint, Aggravated Arson, or Aggravated Discharge of a Firearm when any of these offenses have been committed against a family or household. (720 ILCS 5/12 -30). The Chicago criminal defense attorneys at Legal Defenders, P.C., have a thorough understanding of the different types of Violation of Protection Order cases and know how the law applies to each particular case. In addition, the Chicago criminal defense attorneys at Legal Defenders, P.C., have extensive experience representing individuals charged with Misdemeanor and Felony Restraining Order Violation and will be able to come up with the best strategy to obtain a satisfactory result in your case.

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Can I Post A Bond For A Restraining Order Violation Charge?

Just like with any criminal case, you will be allowed to post bond unless the Court determines that allowing you to post a bond would be a danger to the public. When a judge determines the amount of the bond they usually take into consideration your background and the seriousness of the alleged crime. (720 ILCS 5/32-10).

The Chicago criminal defense attorneys at Legal Defenders, P.C., have a thorough understanding of the factors that go into the setting of a bond and know how to properly argue for a low bond in each particular case. In addition, the Chicago criminal defense attorneys at Legal Defenders, P.C., have extensive experience representing individuals charged with Misdemeanor and Felony Restraining Order Violation and will be able to come up with the best strategy to obtain a satisfactory result in your case.

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What Is The Sentence For Restraining Order Violation?

If you are charged with a Class A Misdemeanor Violation of Restraining Order Violation you can be sentenced up to a year in the county jail. But you can also receive Misdemeanor Probation, Conditional Discharge or Supervision. If you are charged with a Class 4 Felony Violation of Order of Protection you can be sentenced to between 1 to 3 years in prison. You can also receive Felony Probation for a Felony Restraining Order Violation. Even though a jail sentence in not generally mandatory for an Order of Protection Violation, under the Unified Code of Corrections the Court can order a 1) fine under Section 5-9-1 or 2) order restitution under Section 5-5-6. However, the Court will impose a minimum penalty of 24 hours imprisonment for a second or subsequent Violation of Protection Order, unless the court explicitly finds that an increased penalty or such period of imprisonment would be manifestly unjust.

The Chicago criminal defense attorneys at Legal Defenders, P.C., have a thorough understanding of the factors that go into sentencing for Misdemeanor and Felony Order of Protection Violation and know how to properly argue for the lowest possible sentence for a Restraining Order Violation conviction. In addition, the Chicago criminal defense attorneys at Legal Defenders, P.C., have extensive experience representing individuals charged with Misdemeanor and Felony Restraining Order Violation and will be able to come up with the best strategy to obtain a satisfactory result in your case.

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What If I Am Charged With Restraining Order Violation of Bail Bond for My Domestic Battery / Violence Case?

Under Illinois law, (720 ILCS 5/32-10), it is considered a separate crime if while on bond for a case, the Defendant violates the conditions of their bond. In a typical domestic battery / violence case, the conditions of bond usually include: 1) no harmful or offensive contact with the alleged victim during the pendency of the case, 2) no contact with alleged victim in any form, 3) no entry into the residence and 3) no contact with the alleged victim for 72 hours following release from jail. (725 ILCS 5/110-10d).

The Violation of Protection Order in the Bail Bond can be charged as a Class C misdemeanor or up to a Class 2 Felony depending primarily on the underlying charge. However, in cases in which the new charge involves a household member, it is a Class A misdemeanor.

The Chicago criminal defense attorneys at Legal Defenders, P.C., have a thorough understanding of the different types of Violations of Bail Bond Charges and know how the law applies to each particular case. In addition, the Chicago criminal defense attorneys at Legal Defenders, P.C., have extensive experience representing individuals charged with Misdemeanor and Felony Violation of Protection Order in the Bail Bond and will be able to come up with the best strategy to obtain a satisfactory result in your case.

for a Confidential Consultation

 

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