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MICHAEL NERHEIM
Lake County State's Attorney  
What does an Offender need to know once an Order of Protection is ordered against them?
 

The restraining order is a judge's order, a court order, NOT an order between the people involved in this restraining order. That means that only a judge can change the order. The person who requested the order can NOT say that the order is terminated or that the other person can have contact with her/him. Please read the order carefully. If it says no contact....

NO CONTACT includes:

1) You can not live with the person listed in the order;

2) No physical contact - You must stay so many feet/yards away from the person and any children included in the order;

3) No phone calls;

4) No letters, no e-mails, no faxes;

5) No flowers, boxes of candy or presents of any kind;

6) No messages through friends, relatives, neighbors or acquaintances ;

6) No contacting the person in any other way;

7) No 3rd party contact

IMPORTANT THINGS TO KNOW:

1) A criminal conviction on a domestic case, can affect your ability to get a job in human services, public housing, or citizenship. It can result in a person being deported.

2) It is mandatory for the police officer to make an arrest when a violation of an order of protection has been committed. You do not need to be present at the scene in order for an arrest to be made. A warrant will be issued for your arrest.

3) Criminal charges will be filed by the Lake County State's Attorneys Office if there are any violations reported including phone calls and letters.

4) An Order of Protection is a civil order, but a violation of the order is a criminal offense. If an offender is arrested and found guilty of this crime, they could be placed on probation or incarcerated. A first offense is punishable by up to 1 year in the county jail. An offender who has been convicted previously of violating an Order of Protection or of domestic battery, the violation is punishable by up to 3 years in the Department of Corrections.

4) It is a mandatory arrest for police when an officer has probable cause to believe that a valid Order of Protection is in effect, and a condition of that Order has been violated.

WHAT YOU CAN DO TO AVOID PROBLEMS:

1) Avoid places where you know the person goes;

2) Leave a building, restaurant, store or place if you realize that the person is there;

3) Hang up the phone immediately if the person calls you.;

4) Do not send letters, e-mails, or faxes to the person or respond to letters, e-mails or faxes from the person;

5) Avoid contact with the person's family, friends or neighbors;

6) Do not get into arguments or confrontations with the person's family or friends. Walk away;

7) If the person comes to your house, DO NOT let her/him in. (Don't open the door until you know who is there.);

EXAMPLES OF WHAT TO DO WHEN THERE IS A NO CONTACT RESTRAINING ORDER:

1) If you see the person walking towards you on the street, cross the street and go in a different direction;

2) You are eating dinner in a restaurant and the person walks in. YOU need to avoid any contact with her/him, get up, pay the bill and leave. You are in the cinema waiting to see a movie and the person walks in... Get up and leave the cinema;

3) If you are told that the restraining order has been changed or vacated and you can have contact, check with the court that issued the order first. Unless court personnel confirm that, or you see a court paper with that information on it, do not have any contact with the person.

 

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847.377.2000
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Waukegan, IL 60085
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18 N. County St.
4th Floor
Waukegan, IL 60085
847.377.3100
Related Links
 What offenders need to know about Orders of Protection
 Offender services
 Probation services
 Offender resources