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What is the difference between a stalking no-contact order and an order of protection?

Posted by John Callahan | May 12, 2020 | 0 Comments

An order of protection may be obtained if an individual has been abused by a member of the family. The petitioner must be a family member or household member of the respondents they are filing against. It can be obtained through the individual applying for it or through someone applying for on the behalf of a minor or a “high-risk” adult with disabilities who has been abused, neglected or exploited and is unable to apply themselves due to age, health, disability, or inaccessibility. Remedies for order of protections can include granting exclusive possession of a residence, stay away orders, mandated counseling, restriction on fire-arms, and loss of custody.  In Illinois, the breaking of an order of protection in regards to stay-away orders, and residences possession is classified as a class A misdemeanor which can result in up to 364 days in jail and a fine of 2,500 dollars. Breaking an order of protection relating to child custody is classified as a class 4 felony and can result in 1-3 years in prison and a fine of up to 25,000 dollars. Breaking any of the rules of an order of protection is considered to be contempt of court. Any violation of an order of protection can be subjected to fine or imprisonment.

 A stalking no-contact order can be obtained by an individual who is unable to apply for an order of protection and the respondent has engaged in stalking behavior. There are two types of stalking no-contact orders. A plenary no-contact order is valid for up to two years and can be extended as many times as deemed necessary. An emergency no-contact order is valid for 14 to 21 days. Remedies for stalking no-contact orders can include prohibiting the respondent from threatening to stalk or continuing to stalk, prohibiting the respondent from having communications with the petitioner and a third-party named by the court, and prohibiting the respondent from coming within a certain distance of the petitioner's home, schooling, workplace, or any location listed by the court. More specific remedies can be made on a specific case to case basis. In Illinois, the first time breaking of a stalking no-contact order is a class A misdemeanor and can result in up to 364 days in jail and a fine of up to 2,500 dollars. A second violation of a stalking no-contact order is a class 4 felony and can result in 1-3 years in prison and a fine of up to 25,000 dollars.

Both offenses can have serious consequences on your future, and it is important to contact a lawyer in order to prove innocence in unknowingness of breaking either of these orders.

Contributions by Emma S.

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John Callahan

You never get a second chance to make a first impression. You may also never get a second chance to preserve your freedom if faced with criminal or DUI charges. If you are currently facing criminal charges, contact the law offices of John W. Callahan to protect you, your rights and your freedom. ...

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