A protective order or restraining order is issued when a judge wants to prevent certain behaviors or enforce certain actions between one domestic partner and another, usually based on a previous domestic dispute. When that order is violated, a charge of violating an order of protection is brought against the offender, a class A misdemeanor. However, the law in Illinois has recently changed and now depending on the criminal history of the offender, the offense may be deemed a felony. It is vital to consult with an attorney as soon as an arrest occurs, so that a correct defense may be mounted. Contact a Chicago violent crime defense attorney from the Law Offices of Michael P. Schmiege for experienced and knowledgeable guidance, as there many avenues of defense against this charge and the legal team will know how to proceed in fighting to avoid the penalties you could face.
In defending a charge of violating a restraining order, the defense attorney will review several possibilities. It can occur that the judge issued the original restraining order improperly. Possibly the offender did not initiate the contact between themselves and the other domestic partner and so no intentional violation occurred. Perhaps someone could have just have gone home to get some clothes or personal possessions, and was not thinking about the protective order. In other circumstances, relations between the domestic partners may have recently improved and so someone goes home.
Whatever the situation, your rights must be preserved and protected. If you have an existing protective order on you, contact the attorneys at the Law Offices of Michael P. Schmiege and allow them to review the facts of the case. No matter how difficult the situation may seem, the law firm will fight for your rights and work to get your situation resolved. They will aggressively seek to get any improper orders lifted. Every person and situation is unique, and it is important to get your case evaluated as soon as possible.
Contact a Chicago violent crime defense attorney from the Law Offices of Michael P. Schmiege today if you have been arrested for violating an order of protection.
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