Restraining orders exist for one reason: to protect people from harm. When someone violates one, things get dangerous fast. And the legal consequences? They’re serious. If your spouse has broken a protective order, you need to act quickly. Here’s what you’re facing and what happens next.
What Counts As A Violation
Your spouse violates a restraining order by doing anything the court specifically told them not to do. That includes:
- Coming within a certain distance of you or your home
- Making contact through calls, texts, or social media
- Showing up at your workplace or your children’s school
- Threatening you directly or through someone else
Illinois doesn’t take these violations lightly. They represent more than just someone ignoring court rules and signal real danger.
What You Need To Do Right Now
Document everything. Write down exactly what happened, when it occurred, and who saw it. Save every text message, voicemail, and email. If your spouse damaged property or showed up somewhere they weren’t supposed to be, take photos. This evidence matters more than you might think. Call the police immediately. Even if the violation seems small to you, report it. Officers can arrest your spouse on the spot if they have probable cause. That police report creates an official record that’ll strengthen your case later. You’ll also want to work with a Chicago Domestic Violence Attorney who can file a petition for rule to show cause. This legal action asks the court to hold your spouse accountable for contempt. Your attorney will gather the evidence, prepare your testimony, and represent you at the hearing.
The Criminal Charges Your Spouse Faces
Violating a protective order is a crime in Illinois. For a first violation, your spouse could face Class A misdemeanor charges. That means up to one year in jail and fines reaching $2,500. If the violation involved another crime like assault or harassment, the charges get worse. Second violations become felonies. A second violation is a Class 4 felony, which carries one to three years in prison. If your spouse violates the order while committing another felony, they’re looking at even harsher penalties. The court doesn’t need to prove your spouse intended to violate the order. They only need to show that your spouse knew about the order and knowingly did what they weren’t supposed to do. This makes these cases easier to prosecute than many other criminal charges.
Civil Contempt Is Also On The Table
Beyond criminal charges, you can pursue civil contempt through the family court. The judge has several options here. They can impose additional penalties, extend the protective order, modify its terms to be more restrictive, or order your spouse to pay your attorney fees. Civil contempt focuses on getting compliance rather than punishment. The judge wants to see that your spouse will follow court orders going forward, but if your spouse keeps violating the order, jail time becomes increasingly likely. Working with a Chicago Domestic Violence Attorney is beneficial when trying to pursue civil contempt.
How This Affects Your Other Legal Matters
Are you going through a divorce or custody battle? Protective order violations carry serious weight in those proceedings. Courts absolutely consider this behavior when they’re making decisions about parenting time, decision-making authority, and property division. A judge sees someone who violates a protective order as someone who disregards legal authority and potentially puts others at risk. This pattern of behavior can severely limit your spouse’s access to your children. It might eliminate unsupervised parenting time.
Staying Safe After A Violation
Don’t communicate with your spouse after a violation. Not even if they apologize. Not even if they promise things will be different. Any contact could complicate the legal case against them. Let law enforcement and your attorney handle all interactions. You should also consider upgrading your safety measures. Change your locks. Vary your daily routines. Inform your employer about what’s happening. Keep a copy of the protective order with you at all times. School officials and childcare providers need to know about both the order and the violation.
You Need Legal Help
Restraining order violations can escalate in ways you can’t predict. Working with Merel Family Law means you’ve got a team that understands both the immediate safety concerns and the long-term legal implications. Our team has handled numerous cases where protective orders were violated. We know how to hold violators accountable while keeping our clients safe. Contact us to discuss your situation and learn about your legal options for enforcement and protection.
