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Can a petitioner violate an order of protection in illinois

Following the court’s analysis, however, in the absence of that immediate risk of physical harm for her children, there would have been no abuse, only neglect. In that case, the order of protection would not have been proper. To summarize, under Illinois law, neglect alone, without a finding of abuse, cannot give rise to an order of protection.

A skilled Violation of a Restraining Order Defense Attorney in New Jersey can help you protect your rights in the courtroom. Restraining orders are tricky things. They can sometimes be issued without your knowledge, and without an opportunity to object on legal or factual grounds.

Violation of an Order of Protection Violating an order of protection is a Class A misdemeanor, and the abuser could go to jail for up to 364 days and pay a $25 fine. A second violation of an order of protection (or a violation after conviction of a serious crime against a family or household member) can be a felony.

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For violating a civil restraining order, the first offense is a Class 2 misdemeanor with a penalty of 3 to 12 months in jail and $250 to $1,000 in fines. Any subsequent offense can result in a Class 1 extraordinary risk misdemeanor with a penalty of 6 to 24 months in jail and $500 to $5,000 in fines. Violating a criminal protection order is a.

The restraining order is typically enforced only against the respondent. However, if the petitioner is attempting to initiate contact despite the filing of their own orders, those attempts can be used to ask that the restraining order be dropped as it shows the petitioner has no fear or.

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