As Chicago criminal defense lawyers, we know an order of protection is more than just paperwork; it is a weapon the prosecution can use to box clients in and strip them of basic rights. Once issued, these orders can restrict contact with family, remove a person from their home, and create leverage for prosecutors in criminal cases. Too many defendants walk into hearings unprepared, thinking the truth alone will protect them. It will not. The prosecution will push hard, and the judge will act fast. That is why we fight back with precision, aggression, and strategy.
An order of protection in Illinois falls under the Illinois Domestic Violence Act (750 ILCS 60/101 et seq.). These orders are civil in nature, but the fallout reaches into criminal court. A violation of an order of protection is a Class A misdemeanor under 720 ILCS 5/12-3.4, punishable by up to one year in jail, and repeat violations can lead to felony charges. The stakes are high, and prosecutors know it. They use these orders as leverage in related cases, including drug and DUI charges, stacking pressure against defendants.
Federal law can also intersect. Under 18 U.S.C. § 922(g)(8), individuals subject to certain protective orders are barred from possessing firearms. For many of our clients, this means losing not just personal rights but also careers tied to professional licenses or security clearances. We take these threats seriously, and we know how to dismantle them piece by piece.
Our defense is aggressive, but it is also calculated. We attack weak evidence, expose contradictions in testimony, and force the prosecution to meet its burden. At the same time, we know when pressing hard in court is the right move and when striking a tactical deal protects our client best. This balance—force paired with strategy—is how we secure dismissals, reduced penalties, and favorable terms. Every case is a fight, but it is a fight we prepare to win.
How Orders Of Protection Work
Orders of protection can be issued in three stages:
- Emergency orders – issued quickly, often without the accused present
- Interim orders – temporary, requiring notice and limited hearing
- Plenary orders – lasting up to two years after a full hearing
Each stage requires a strong response. Allowing an emergency order to roll into a plenary order without a defense is a mistake that can ruin reputations and feed directly into criminal prosecutions.
Building A Relentless Defense
Our defense against orders of protection is direct:
- Challenge the credibility of the petitioner
- Attack inconsistencies in evidence
- Highlight the lack of immediate danger
- Show the order is being misused as leverage in divorce, custody, or criminal cases
We combine courtroom toughness with strategic persuasion. When the facts give us an opening, we press hard. When negotiation secures the better outcome, we strike that deal. Either way, our clients know their rights are defended with relentless energy.
Frequently Asked Questions About Orders Of Protection In Illinois
What Happens If An Order Of Protection Is Violated?
A violation is a Class A misdemeanor under 720 ILCS 5/12-3.4, carrying up to one year in jail and fines. Repeat or aggravated violations can become felonies. Prosecutors pursue these aggressively, so defending the original order is critical.
Can An Order Of Protection Affect Firearm Rights?
Yes. Under federal law, 18 U.S.C. § 922(g)(8), an active protective order can bar possession of firearms. For professionals such as security officers or law enforcement, this restriction can end careers.
How Long Can An Order Of Protection Last?
A plenary order can last up to two years under 750 ILCS 60/219. Courts may also renew these orders, extending restrictions even further. Fighting them early is the best way to avoid long-term consequences.
Are Orders Of Protection Connected To Other Criminal Charges?
Often, yes. Orders are frequently linked to domestic battery, drug, or DUI cases. Prosecutors use them to strengthen their position, making violations additional leverage. A strong defense addresses both the order and the underlying charges.
Can False Allegations Lead To An Order Of Protection?
Yes. Courts often issue emergency orders based on limited evidence. False claims can and do result in restrictive orders. Our job is to expose these lies in court and show the truth through evidence and cross-examination.
Is It Possible To Negotiate An Outcome Without A Contested Hearing?
Yes. In some cases, strategic negotiation with prosecutors or petitioners can result in dismissals or modified terms that reduce impact. The key is knowing when negotiation protects the client better than a full trial fight.
Call Edward Johnson & Associates Today
At Edward Johnson & Associates, we do not sit back when an order of protection threatens our clients. We fight. We challenge. We outthink the prosecution. Our team is known across Chicago courtrooms as bulldogs for a reason—we protect clients’ rights with tenacity and tactical precision. Contact our Chicago orders of protection defense attorney at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. From our Chicago offices, we defend clients across the entire Chicagoland metro.