What Happens If You Violate a Restraining Order in Illinois

*Content warning: discussion of assault

What You Need to Know About the Penalties for Violating a Restraining Order in Illinois

Illinois has specific penalties for violating a restraining order. Here’s everything you need to know about what happens if you violate a restraining order in Illinois.

A restraining order is a court-issued document prohibiting an individual from contacting or approaching you. Restraining orders are typically disseminated in abuse, harassment, or stalking cases. Violation of a restraining order in Illinois is punishable with imprisonment and a fine.

Types of Restraining Orders in Illinois

Under Illinois law, there are three types of restraining orders:

Domestic Violence Order of Protection
Sexual Assualt Civil No Contact Order
Stalking No Contact Order

Domestic Violence Order of Protection

The Illinois Domestic Violence Act of 1986 established orders of protection for domestic violence:

Emergency Order of Protection (EOP)

An EOP takes effect as soon as the judge approves your petition. You may ask for an EOP if you are at significant risk of harm and want an Order of Protection immediately.
An EOP lasts for 14 to 21 days. After the court issues an EOP, it sets a hearing date for a Plenary Order.

Plenary Order of Protection (OP)

After filing a petition, the court sets a hearing date for a Plenary Order. You will not receive an Order of Protection until the hearing date.
An OP typically lasts for up to 2 years.
You may ask for an OP if you want to wait until the respondent is notified and receives a copy of your petition before you have a court hearing.

Eligibility for Obtaining an Order of Protection

The following people may ask the court for an Order of Protection:

People who have been abused by a family or household member, caregiver, current or ex-boyfriend/girlfriend, current or ex-spouse, someone you live or used to live with, or the other parent of your child; or
People filing on behalf of a person who was abused but is unable to file their own case

Stalking No Contact Order (SNCO)

A petitioner may only receive an Order of Protection if connected to the respondent in one of the ways listed above. However, a judge may also issue a protection order in stalking cases.

If someone is stalking you, you may request a Stalking No Contact Order (SNCO), which prohibits an individual from stalking you.

Under Illinois law, a stalker is an individual who incessantly contacts, communicates with, or follows the victim to the point where the victim may reasonably suffer from:

Emotional distress; or
Fear for their safety; or
Fear for the safety of another individual

Examples of stalking include:

Following you
Surveilling your activity
Appearing uninvited at your home, work, or school environment
Making unwanted phone calls, emails, or text messages
Leaving objects for you
Vandalizing your property
Threatening you
Hurting your pet

Sexual Assualt Civil No Contact Order

A survivor of non-consensual sexual activity may petition the court for a Sexual Assault Civil No Contact Order.

An order may protect the following people:

The survivor
Family or household members of the survivor
Rape crisis center employees and volunteers

Under 740 ILCS 22/103, sexual activity is non-consensual if the survivor did not freely agree to the conduct.

Violating an Order of Protection and No Contact Order in Illinois

Under 720 ILCS 5/12-3.4, an individual violates an Order of Protection by knowingly:

Committing an action that a court prohibited
Failing to commit a court-order act

A first violation is a Class A misdemeanor punishable by:

Maximum imprisonment for one year; and
A maximum fine of $2,500

A second violation is a Class 4 felony punishable by:

One to three years imprisonment; and
A maximum fine of $25,000

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If you or a loved one would like to learn more about Violate a Restraining Order Illinois, get your free consultation with one of our Women Rights Attorneys in Illinois today!