Domestic violence can have grave consequences for its victims. The most tragic is when their death occurs at the hands of their abuser, even when the law was supposed to protect them.

One such woman, Cindy Bischof, was gunned down by her ex-boyfriend in the parking lot of her place of employment. She had a protective order against him, but he repeatedly violated it. She had asked the court to affix him with a GPS monitor to prevent further violations. Unfortunately, no provision in the law allowed for that at the time.

From her death came a new law that aims to prevent this from happening to anyone else. It allows judges to order GPS monitoring of those under protection orders related to domestic violence cases.

While GPS seems like a winning strategy, the frequent reality is: it doesn’t lead to more arrests in Illinois. Police have admitted that, unless another crime is linked to the order of protection violation, they will not make an arrest.

Here’s what you need to know about the Cindy Bischof law, as well as the penalties violators can and should face when it’s broken.

What Is an Order of Protection?

An order of protection requires the person named by the order to keep a particular distance from a specific person for a set amount of time. Orders of protection are often granted by the court to victims of domestic violence. They can last up to two years.

Provisions Under the Cindy Bischof Law

The Cindy Bischof law went into effect in January of 2009. It allows the judge issuing an order of protection to require the defendant to wear a GPS monitoring device.

The law also creates more consequences for those who violate orders of protection. Domestic violence defendants go through the following court-ordered process:

• Complete a risk assessment evaluation
• The court sets bail with the risk assessment in mind
• Electronic surveillance can be ordered as a condition of bail

When offenders are convicted of violating orders of protection, then the court can:

• Require offenders to be placed on probation
• Require wearing a GPS monitor
• Make the GPS monitor a condition of supervised release or parole

Once the GPS monitor is placed, the court establishes protection zones, consulting the victim in this process. Once zones are established, offenders may not come within 2500 feet of the victim. If an offender enters the victim’s protection zone, it is a violation of the protective order.

Victims can also opt to carry a GPS device with them, but it is not necessary under the law.

What Happens When an Order of Protection is Violated?

Under Illinois law, anyone who knowingly violates an order of protection commits a Class A misdemeanor. If minors are involved, it is a Class 4 felony.

Willful violation can also result in contempt of court, which carries penalties of possible time in jail, fines, and community service.

For first violations, the recommended sentencing constitutes a minimum of 24 hours of jail time, with one day added for each subsequent violation.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

If you think that you could be facing domestic assault charges, knowing what you’re up against is the first step in taking action and fighting back to beat the charges against you.

Many clients ask us whether their domestic assault charge will be considered a felony or a misdemeanor. Domestic violence is what’s considered a “wobbler” offense. This means it can be considered either a misdemeanor or a felony depending on the circumstances of the offense.

We’ve put together a guide covering what classifies domestic battery as a misdemeanor versus a felony. We also talk about the collateral consequences you could face with allegations of domestic violence, regardless of the level of offense.

Misdemeanor vs. Felony Domestic Battery

A simple domestic battery offense is considered a misdemeanor, usually punishable by fines and at most one year in jail. This offense occurs when the defendant commits an act of physical violence towards someone with whom they have a familial or intimate relationship.

Aggravating Factors Make Domestic Battery a Felony Charge

However, if the charge of domestic battery is elevated to aggravated domestic battery, which is considered a Class 2 Felony in Illinois, punishable by 3 to 7 years in state prison, in addition to the lifelong consequences of being a convicted felon.

The following aggravating factors can elevate your charges from a misdemeanor to a felony:

• Offenses involving a minor
• Violent acts or threats made using a deadly weapon, or threat thereof
• Violent acts involving sexual abuse
• The defendant caused great bodily injury or permanent disfigurement to the victim
• The offense involved strangulation
• The offense is the third or more charge of domestic violence

Once an Illinois offender’s criminal consequences have been addressed, he or she may then need to face additional civil consequences.

IL Protective Orders: Civil Consequences of Domestic Assault Charges

Regardless of the level of charges you face or the legitimacy of the accusations, allegations of domestic violence often have profound civil consequences, including the protective order that is usually issued to protect the alleged victim.

A temporary emergency order of protection is generally issued immediately following any allegation of domestic violence.

An emergency protective order is generally issued as soon as allegations of domestic violence are made, and it is issued regardless of the defendant’s side of the story.

However, within 14 days of the temporary protective order issuance, a hearing is held to determine if the protective order should be made permanent. This is separate from any criminal charges faced by the defendant.

Common Terms of Protective Orders in Illinois

The terms of protective order depend on the situation, but common terms include:

• The defendant must stay a certain distance away from the alleged victim
• The defendant may not contact the alleged victim, whether directly or through mutual acquaintances
• If the defendant and alleged victim live together, the defendant will be prohibited from entering the shared domicile
• If the defendant and alleged victim have minor children, temporary revocation of custody or visitation rights
• The defendant is required to pay child support
• The defendant is prohibited from possessing a firearm, and all firearms in the defendant’s possession must be temporarily relinquished

An Illinois Domestic Assault Attorney Can Help You Act Quickly

While a hearing gives you the opportunity to tell your side of the story, it requires immediate action, as the time to develop a good defense is very limited.

So if you are facing any domestic battery charges at all, or think that you could be accused of domestic assault, mitigate the situation by reaching out to an experienced Illinois defense attorney fast

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

If you are in a serious altercation with a significant other, relative, or household member, they may threaten to file a restraining order to keep you away from your children, residence, or certain possessions.

These orders are no joke. Having an order of protection placed against you can severely limit your freedom, your relationships, and your ability to live your daily life.

Orders of protection are issued by a county court to prevent further or future abuse. In a past blog post, we discussed the difference between protective orders and restraining orders. In short, orders of protection can place many more limitations on the recipient of the order.

Orders of protection are typically filed during domestic violence cases, or during divorce proceedings. If you have been issued an order of protection, it is important to thoroughly know your limitations and restrictions, as well as the penalties you may face for violating that order.

It is one thing to be charged or convicted of domestic violence. It is another to lose all rights to see a family member, own certain possessions, or have contact with your children or loved ones.

What Is Considered Domestic Violence?

Domestic violence occurs when abuse or threats of abuse are committed against a family or household member. This includes the following:

• Physical abuse, force, confinement, or restraint
• Sexual abuse
• Purposeful, repeated and unnecessary sleep deprivation
• Behavior that creates immediate risk of physical harm
• Harassment
• Intimidation of a dependent
• Willful deprivation (denying a high-risk adult medication, shelter, food, or necessary assistance that puts that person at risk of harm.)

Even if formal domestic violence charges have not been made, alleged victims can file an order of protection to prohibit their alleged abuser from contacting, visiting, or living with them.

Who Can File an Order of Protection?

The Domestic Violence Act of 1986 states that the following people can be protected by an order of protection:

• Any person abused by a family or household member;
• Any high-risk adult with disabilities who is abused, neglected, or exploited by a family or household member;
• Any minor child or dependent adult in the care of such person; and
• Any person residing or employed at a private home or public shelter which is housing an abused family or household member.

What Limitations Come with An Order of Protection?

Orders of protection can include a variety of limitations based on the case, history of abuse, and relationship between the two parties. Orders of protection can include:

• Requiring a recipient to stay a certain distance from the alleged victim
• Prohibiting the recipient from contacting the alleged victim (“no contact orders”)
• Prohibiting a recipient from committing abuse, neglect, or exploitation
• Prohibiting a recipient from his or her dwelling (called “exclusive possession”)
• Forfeiting temporary custody or visitation rights of minor children
• Requirement to pay child support
• Requirement to attend counseling
• Prohibiting a recipient from possessing a firearm
• Prohibiting a recipient from accessing specific records

These limitations can last for up to 21 days (in the cases of emergency orders of protection), or up to 2 years (in the cases of plenary orders of protection). However, orders can be extended.

When an Order of Protection Is Violated

Even if no charges of domestic violence were made, if an order of protection was filed, violating that order can mean jail time and fines. Violating an order of protection is a contempt of court charge. If the order of protection concerns an adult, the charge is a class A misdemeanor. If the order of protection concerns a minor child, the charge is a class 4 felony.

That’s right. Violating a protection order may result in a felony conviction.

The court is also encouraged to require first-time offenders to spend a minimum of 24 hours in jail, and 48 hours for second and subsequent offenders. Sentences may also include fines, restitution, and community service.

How These Orders Can Be Abused

No system is perfect, and you may be issued an order of protection or involved in a lawsuit involving an order of protection due to the law’s loopholes. For example, any person can file on behalf of a minor child. This includes stepparents or guardians who do not live with the child and may have a very limited understanding of the situation. This is just one example of how orders of protection can be taken advantage of, and people can be falsely accused.

As methods used to protect victims, orders of protection are necessary and valuable tools. But such powerful tools should not be so easy to use. Unfortunately, that is the world that we live in today. If you have been issued an order of protection unjustly, contact a Chicago criminal lawyer with a track record of success in these types of cases.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Restraining Orders

A restraining order is probably the one that most people are more familiar with, if only because it’s the one that gets mentioned more in popular media, including TV shows and movies. But TV shows and movies probably are not giving people the right idea when it comes to restraining orders.

Restraining orders are actually relatively limited in what they can accomplish. These orders usually come with expiration dates (usually up to six months after they’ve been served, or, if the restraining order is accompanying a divorce proceeding, until the divorce is finalized). Most importantly, restraining orders do not come with built-in security. In other words, they are not enforced by law enforcement.

Orders of Protection

When it comes to domestic violence and domestic battery cases, orders of protection actually offer the most security and thus they are the legal orders that most commonly accompany domestic violence charges.

Orders of protection can:

• Forbid actions (e.g., forbidding abusive acts or forbidding you from contacting certain people)
• Order actions (e.g., ordering that you stay away from certain locations or ordering that you attend counseling sessions)
• Make decisions regarding child custody (e.g., demanding that you pay child support or demanding that you only visit the child on weekends)
• Make decisions regarding shared property (e.g., demanding that you move out of a shared apartment)

Unlike restraining orders, orders of protection are enforced by law enforcement. If a person goes against the conditions of a protective order, he or she could be subject to criminal charges.

What to Do If You’re Served with Either Order

Since both restraining orders and orders of protection are served by the court following an appeal written by an accuser, both orders can come as total shocks to the person at the receiving end of the order (the “respondent”).

If you’re served with either a restraining order or an order of protection, make sure to follow these steps:

Understand the implications. If you find yourself facing a restraining order or an order of protection, the most important thing you must do is realize the severity of the allegations. Even if they seem unfounded or unfair to you, and even if you maintain that no physical abuse ever actually took place, the allegations are serious and are not to be taken lightly. It’s important that you stay calm and call a qualified criminal attorney as soon as possible, especially if you feel that you have been unfairly targeted.

Follow the rules. If you’re served with either an order of protection or a restraining order, you must obey all of the conditions stated in the document. If you violate any of the stipulations, you may find yourself in serious legal trouble.

Appear in court. Both of these orders will come with a court date, at which point you will be able to stand before a judge and plead your case. When your court date arrives, you must appear. If you do not, you forfeit your right to defend yourself and the judge will be able to make a call based on nothing but the accuser’s testimony. You will not get to argue against any decision that the judge makes.

Luckily, you can hire an attorney to represent you at the court hearing. A knowledgeable, skilled trial lawyer will help ensure that you stay out of trouble and are not unfairly convicted.

After the Trial

Once the trial is over, you will need to follow the terms of the order as determined by the judge. Failing to do so could result in even worse penalties.

It’s important to know, though, that even if the judge rules against you, you can still fight. There may be a chance to appeal a judge’s sentence, but the details of appeals processes can be long and complicated. If you’re unsatisfied with a judge’s decision following a domestic abuse case, consult with a lawyer to find out how you may be able to change your situation.

Both restraining orders and orders of protection are extremely serious and can severely impact your life for years to come. If you’ve been served with either of these, the best thing to do is start setting up a defense right away.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations.