Violation of Order of Protection

Charged with Violation of an Order of Protection in Chicago? Andrew M. Weisberg Can Defend Your Rights

With the new Cook County State’s Attorney in office, violations of orders of protection are being prosecuted more aggressively than ever before. The administration has made domestic-related offenses—including order-of-protection violations—a top priority, pushing for tougher charges, harsher sentences, and fewer opportunities for negotiation.

If you’re accused of violating an order of protection, you are facing a serious criminal charge that can affect your freedom, your record, and your future. You need an experienced defense attorney who understands how these cases are prosecuted in Chicago and how to protect your rights at every stage.

Understanding Violation of an Order of Protection in Illinois

An order of protection is a court-issued order designed to protect someone who alleges harassment, abuse, or threats. These orders typically forbid contact, impose distance requirements, and may include restrictions such as firearm surrender.

Under 720 ILCS 5/12-3.4, a violation occurs when a person knowingly disobeys any condition in the order. Common examples include:

• Contacting the protected party by phone, text, email, or social media
• Appearing at prohibited locations such as the person’s home or workplace
• Engaging in harassment, intimidation, or stalking
• Failing to surrender firearms if the order requires it

Even accidental or brief contact can lead to arrest and prosecution.

Penalties for Violating an Order of Protection in Chicago

The consequences depend on the facts of the case and your criminal history:

• Class A Misdemeanor – Most first-time violations are Class A misdemeanors, punishable by up to 1 year in jail and fines up to $2,500.
• Class 4 Felony – A violation involving injuries, stalking, or prior convictions can be upgraded to a Class 4 felony, carrying 1 to 3 years in prison.
• Mandatory Jail for Repeat Offenders – Courts often impose mandatory jail time when a person has previous violations.
• Permanent Criminal Record – A conviction will remain on your record forever, potentially affecting employment, housing, and background checks.

Because prosecutors are taking a tougher stance, even minor allegations can quickly escalate into serious legal consequences.

How Cook County’s New Enforcement Policies Affect These Cases

Changes in the State’s Attorney’s Office have led to:

• More aggressive charging decisions
• Less willingness to offer probation or reduced charges
• Quicker filing of felony charges for repeat violations
• Stricter bond conditions, including stay-away monitoring
• Closer coordination with police in domestic-violence-related cases

This makes early intervention by a defense lawyer absolutely essential.

Defending Against Violation of an Order of Protection Charges

A violation is not automatic just because someone makes an allegation. These cases often involve misunderstandings, exaggerated claims, or situations where contact was unavoidable or unintentional.

Andrew M. Weisberg will evaluate every angle of your case and may pursue defenses such as:

• Lack of Knowledge – You must knowingly violate the order; misunderstandings or unclear terms can lead to dismissal.
• False Accusations – These cases sometimes stem from anger, custody disputes, or attempts to gain leverage.
• Unintentional or Incidental Contact – Being in the same public place or accidental encounters may not be criminal violations.
• Improper Police Procedures – If your rights were violated before or during your arrest, key evidence may be suppressed.
• Insufficient Evidence – Police often rely solely on the complaining witness. Andrew examines the credibility and details of the allegations.

Every detail matters, and a strong defense can prevent a conviction or even result in dismissal.

Why Choose Andrew M. Weisberg as Your Defense Attorney

Andrew M. Weisberg is a former Cook County prosecutor who has handled hundreds of domestic-violence-related cases from both sides of the courtroom. He understands how these cases are investigated, how prosecutors build them, and where the weaknesses often lie.

Clients choose Andrew because:

• He brings insider knowledge from his years as a prosecutor
• He builds aggressive, detailed defenses tailored to the facts of each case
• He prepares thoroughly—never leaving your case to chance
• He provides personal attention and clear communication throughout the case
• He handles every case himself—your defense is never passed to an associate

The Importance of Hiring an Attorney Early

If you’ve been accused of violating an order of protection—or you believe an accusation may be coming—you should contact a lawyer immediately. Early involvement allows Andrew to:

• Protect your rights before you speak to police
• Gather crucial evidence before it disappears
• Address bond issues quickly
• Begin negotiations or intervention before charges escalate

The earlier the defense starts, the better your chances of a favorable outcome.