what happens if a victim invites a violation of a protective order in Illinois?

What Happens if a Victim Invites a Violation of Protective Order in Illinois? | Can the Protected Party Violate an Order of Protection?

628045548
Updated on:
June 3, 2019

In this article, we answer the questions, “what happens if a victim invites a violation of a protective order in Illinois?” and “can the protected party violate an order of protection?”  For an overview of how orders of protection work in Illinois, check out our article: Illinois Orders of Protection Explained.


A reader asked the following question:  My son's ex put a no contact order on him, but she kept calling and texting and he answered. Now he has a warrant and is in jail. Can she get in trouble for calling and texting him?


The answer is that the protected party cannot be criminally prosecuted for inviting a violation of a protective order.  Further, an invitation by the protected party to violate the order does not excuse the violation by the other party.  


Courts that have addressed this issue have stated that contact or invitations for contact initiated by the protected person are irrelevant to and do not excuse violation of a protective order by the person against whom the order has been entered. In coming to this conclusion, courts have sought to remove excuses of invitation, perceived invitation, or concocted invitation from diminishing the power of orders of protection.  


Courts have found that protected parties cannot be held liable for violation of the order that is intended to protect them.  Courts have reasoned that if victims could be held liable for violation of a protective order, this would cause some violations of protective orders to go unreported based on the threat of prosecution of the victim.  Courts have found that protective orders deal with the behavior of the party the order was entered against, and not the behavior of the victim.


Contact us for an appoinment

Additional Financial Considerations
from Financial Experts

From Financial Experts

For many years, financial institutions have been creating a disservice to clients and the industry as a whole for years.
View More Professional Considerations

Presented By O'Flaherty Law

O'Flaherty Law is happy to meet with you by phone or at our offices in Downers Grove, Elmhurst, Naperville, St. Charles, Lake in the Hills and Tinley Park, Illinois.

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Leave a Comment With Your Questions

Read more about

Orders of Protection

what happens if a victim invites a violation of a protective order in Illinois?
Disclaimer: Our articles and comment responses do not constitute legal advice and are not intended to create an attorney-client relationship.

Please contact us to schedule a free consultation for legal advice specific to your situation.

order of protection violationswhat happens when an order of protection is violated?who is liable for broke orders of protection?what is an order of protection?liability and order of protectionorders of protection and illinoisorders of protection and illinoiscan the protected party violate an order of protection?
Listen on Google Play Music

Subscribe to our mailing list

* indicates required

Here are some articles that may interest you

Categories