The Illinois Domestic Violence Act (750 ILCS 60) defines domestic battery as “physical abuse, harassment, intimidation of a dependent, interference with personal liberty, or willful deprivation” of another family or household member (750 ILCS 60/103). This act is a violent crime according to 720 ILCS 5/12-3.2, which states that domestic battery is a Class A misdemeanor, or a Class 4 felony if the defendant has any prior conviction for domestic battery under the same statute. The penalties for such offenses are as follows:

  • Class A misdemeanor:
    • Up to 6 months in jail
    • Fine of up to $2,500
  • Class 4 felony:
    • Up to 1 year in jail or prison
    • Fine of up to $25,000


Part of the Illinois Domestic Violence Act is a provision regarding orders of protection. Some states refer to these as restraining orders, domestic violence injunctions or protective orders. An order of protection is a court order and not a criminal arrest or charge. However, violation of an order of protection can warrant an arrest. The act protects a person from being abused by a family or household member.

What can an order of protection do?

  • Force an individual to cease certain behaviors that are deemed threatening
  • Force an individual out of their place of residence
  • Order the recipient to “stay away” from certain areas such as the petitioner’s work, school, etc.
  • Require that the recipient attend some sort of counseling
  • Cause the recipient to temporarily lose child custody or visitation
  • Require that the recipient pay child support or alimony
  • Force the recipient to give up any weapons they own

Although orders of protection are civil court orders, they can result from criminal allegations of domestic violence.

What are the penalties for violating an order of protection?

In the state of Illinois, it is considered a Class A misdemeanor to violate any of the terms of an order of protection. Maximum jail time for this offense is 364 days. Second and subsequent violations can result in 24-hour consecutive jail sentences and fines up to $100.


Many accusations of domestic battery, abuse, and violence are false. Perhaps your spouse made a spiteful call to the police after an argument or a neighbor made wrongful accusations of child abuse. The Chicago Police Department investigates numerous cases involving false accusations of domestic violence. If you are under such investigation, the best action you can take in your defense is to hire a Chicago criminal defense lawyer as soon as possible. A Chicago criminal defense attorney from Okabe & Haushalter can skillfully defend you during your pre-charge investigation before you are even officially charged with domestic battery. We can also defend you during an official trial, so call now to find out exactly what can be done to defend you.


Okabe & Haushalter has a strong reputation for aggressive defense and successful representation. By consulting with a criminal defense attorney from our team, you could discuss your legal options and take immediate action in your defense. Do not hesitate to fight your criminal charges. Contact us today at 312-767-3869 to protect yourself from a wrongful conviction!

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