While a restraining order (or Order of Protection) can offer some protection from those who have been physically and/or emotionally abusive, it’s not fool proof. Those who are restricted by a restraining order often violate the order, and there are few things more frustrating (or more frightening) than when that happens. But a restraining order is still legally binding, so there are ways you can take action in the event your ex violated their restraining order you filed against them.
First make sure you are familiar with the terms of the restraining order. This will give you a step up as soon as your ex violates the order so you can let them (and the authorities) know they are breaking the law.
Call the Police
The first thing you should do any time someone violates a restraining order is call the police. Don’t engage with your ex if you can avoid it, and don’t try to handle the situation yourself. You filed a restraining order for a reason: to get the law on your side, so use it.
Even if your ex does not attack you or get violent in any way, but rather tries to contact you or otherwise violates the “stay away” provision in your order, you should still call the police right away. It’s better than waiting until things do take a turn for the worse, by which time it might be too late to call anyone.
Tell Them about the Restraining Order
When you call the police, tell them you have an active restraining order against your ex and they are in violation of that order. It will help if you have the actual documentation of the order in your possession, since the police will need to verify its existence before they can go further with any proceedings against your ex.
If you want to file criminal charges against your ex for violating their restraining order, you will need to speak with someone from the police department in the county or city in which the violation occurred. The authorities will then usually refer the case to the prosecutor’s office in your county for purposes of filing criminal charges. In some cases, you can also go to the Courthouse and officials there can help you file a violation petition to help enforce your restraining order, which is one way to take your ex to court.
Violators of an Order of Protection in Illinois can be charged with a misdemeanor, or even a felony, if it’s not their first time violating the order. Depending on the judge’s sentence, that means they can face a hefty fine, or even significant jail time, and it will go on their permanent record. Because orders of protection are issued by a judge in a court of law, judges who see offenders who violated such an order can also hold them in contempt of court, which is a serious offense in its own right.
Tell the Authorities Every Time
Because courts are especially hard on repeat offenders, it’s important to tell the police every single time your ex violates the restraining order. That way, even if you don’t file charges against them the first time, if/when you do decide to do so, there will be a record to prove it’s not the first time they violated the order.
Any time an Illinois judge grants an Order of Protection, it’s an indication that the law is on your side. That is a valuable asset you don’t want to waste, which is why it’s important to keep all documents related to the restraining order and to call the police as soon as your ex violates that order.
If you would like assistance with your Order of Protection, please contact the Law Office of Barbara Sherer. We provide you with expert legal advice while making sure that the outcomes will protect you and your family.