In Illinois, alleged victims of domestic violence, threats, abuse, or harassment may get an order of protection against the supposed abuser. If you recently found out that someone got an order of protection against you, you may be surprised and confused. You may not know what to do next. You may also be concerned about what will happen if you violate the terms of the protection order (either voluntarily or involuntarily). In a situation like this, it is highly recommended that you speak to a criminal defense attorney for help. Your lawyer can explain exactly what you are up against and what the next steps are.

Assert Your Right to Remain Silent

The first thing you need to know if you were accused of domestic violence or subjected to a protection order is that you have rights. Criminal defendants have the right to remain silent and avoid incriminating themselves. It is important that you take advantage of this right. If police try to interrogate you, you have the right to say nothing.

Understand the Terms of the Protection Order

Protection orders can be customized based on the situation. It is important that you understand and comply with the terms of the protection order. It can be extremely frustrating to be subject to a protection order – especially if the person who got the order against you is lying. However, violating a protection order is a criminal offense punishable by significant penalties, including jail time.

There is no question that domestic violence is a real problem in Illinois. Unfortunately, some people make up allegations of domestic violence or abuse to serve their own dishonest purposes. The penalties for domestic battery in Illinois include a fine of up to $2,500 and up to one year in jail. Domestic battery involving certain aggravating circumstances is a felony offense punishable by up to three years in prison and a maximum fine of $25,000. Moreover, being accused of domestic violence can have profound effects on your personal and professional reputation as well as child custody or other family law concerns.

Do Not Answer Police Questions Without a Lawyer

If you have been accused of physical violence against a current or former romantic partner, household member, or family member, you may be shocked and unsure of what to do next. You may assume that you can simply explain the situation to the police and get yourself out of this unfortunate predicament. Unfortunately, submitting to police questioning can often make the situation much worse. Remember, anything you say to police may be used against you during subsequent criminal proceedings. Decline police questions until you have spoken with an attorney. Your lawyer will help you determine how best to proceed.

Cease Contact With the Person Who Accused You

Whether you were accused of domestic violence by an ex-girlfriend or ex-boyfriend, family member, roommate, or another individual, it is often best to cease contact with that person. If you try to talk to him or her about the false allegations, he or she may use this interaction as fuel for additional allegations. Furthermore, it is possible that the accuser has secured an Emergency Order of Protection against you. If this is the case, you are likely prohibited from coming within a certain distance of the individual or calling, texting, or otherwise contacting him or her. Violating an order of protection is a Class A misdemeanor criminal offense in Illinois. If you knowingly or unknowingly violate any of the terms of the protection order, you could face additional criminal charges.

Domestic violence charges brought against you can be resolved with little or no legal consequences. Prosecutors may drop the case due to a lack of evidence or a court may find you not guilty of the charge. Unfortunately, accusations of domestic violence can be enough to damage your reputation. Some people will jump to conclusions about your character without knowing the facts of the case. Even if you are never convicted, they may decide that you must have been guilty of some wrongdoing because you were charged. Clear vindication from your domestic violence accusations is the best way to restore your reputation.

Lack of Privacy

It can be nearly impossible to keep knowledge of domestic violence charges against you private:

Restraining orders are a protective measure intended to help prevent domestic violence and protect victims of it. However, false allegations of domestic violence or criminal activity can result in restraining orders as well as actual allegations of criminal activity, resulting in unfair punishment and long-lasting effects for those accused.

If you have been accused of domestic violence, the most important step is to seek legal counsel. Only by working with a qualified professional at the onset of the case is it certain that you will be able to present the best possible defense, especially in cases that involve allegations of domestic violence—some of the most notoriously difficult to absolve.

Perhaps one of the most surprising statistics about restraining orders is in that roughly half of all cases involving a court-ordered restraining order, there is no allegation whatsoever of physical violence. Restraining orders can be filed against a person who is accused of harassment that allegedly causes any time of emotional distress. This can include repeatedly calling someone on the telephone or creating a disturbance or a scene in a public place. It can also include the mere threat of violence—if a person is accused of threatening to commit physical abuse or harassment, he or she may be slapped with a restraining order.

Every few months, it seems another high-profile case of domestic violence makes headlines involving some celebrity or other public figure. In the majority of these cases, circumstances seem to indicate or allege that a female has been victimized by the actions of her male partner. Male on female intimate partner violence is certainly far too common in the United States. However, it is far from the whole story. Domestic violence victimizes a surprisingly large number of men each year as well.

The National Institute of Justice and the Centers for Disease Control and Prevention sponsored an extensive study entitled the National Violence Against Women (NVAW) Survey to examine the extent, nature, and consequences of intimate partner violence in the United States. The findings were based a sample size of 16,000 men and women and presented some remarkable figures. The NVAW survey estimates that more than 2.3 million Americans are physically assaulted and/or raped by an intimate partner each year. Of that number, 1.5 million are women, which means more than 800,000 men are victimized every year by intimate partner violence. The survey also recognized that many victims suffer multiple assaults by their partner. Based on the study’s findings, nearly 5 million rapes and physical assaults are committed per year against women and nearly 3 million against men.

While violence against men certainly seems to occur in lower numbers than against women, men experience many of the same emotional reactions to domestic violence. The National Center for Victims of Crime reports that reactions tend to include guilt, shame, anger, anxiety, and depression and may result in the victim withdrawing from or avoiding almost all relationships. Women are two times more likely than men to be physically injured by an intimate partner but psychological trauma affects both sexes and is harder to measure.