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HOW THE OP IS SERVED
EXCLUSIVE POSSESSION
VIOLATION OF OP
VISITATION AND OP
WHEN THE OP IS VIOLATED
TO CHANGE THE OP
QUESTIONS & ANSWERS

 

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What is a Violation
of the Order of Protection

 

The OP prohibits the respondent from committing certain behavior.
Most common violations include:

  • Harassing you by phone.

  • Stalking.

  • Physical abuse.

  • Coming to any protected addresses like your home, work, school, etc.

The OP may also require the respondent to do certain things.
The most common of these are:

  • Returning your child to your custody.

  • Paying temporary support.

  • Reimbursing you for losses you suffered as a result of the respondent's abuse.

If the abuser violates certain parts of the OP, he is committing a separate crime called "Violation of Order of Protection" (or a VOOP). Although failure to follow the OP is always a violation, the respondent can only be arrested for certain violations.

The following are criminal violations of the OP that the respondent can be arrested for. If the respondent does any of these things, call the police. In parentheses are the remedies or "boxes" of the OP that are violated by each act.

  • Physically abuses you; hits you, shoves you or has any type of violent contact with you. (Box 1)
  • Prohibits you from leaving your home or does anything else to interfere with your personal liberty. (Box 1)
  • Harasses you. Harassment includes: creating a disturbance at your workplace, repeatedly calling you at home or work, writing you threatening letters or letters trying to make you drop the charges, repeatedly staying outside your home or workplace, threatening you with physical harm, confinement, or restraint. (all Box 1)
  • Follows you, refuses to leave you alone in a public place. (Box 1)
  • Goes to your residence or enters your property. (Box 2)
  • Violates the order to stay away from you. (Box 3)
  • Goes to your workplace, your school, the child/ren's school, or anywhere he is prohibited from going to. (Box 3b)
  • Takes the child/ren from you, does not return child/ren from visitation or takes the child/ren without the permission of the court and your consent. (Box 5a & 5b)
  • Removes the child/ren from Illinois or conceals them within Illinois. (Box 8)
  • Comes to your home while under the influence of drugs or alcohol. (Box 14)

If the respondent is acting in any way that makes you feel uncomfortable or fearful for your own safety or the safety of the children, do not hesitate to call the police.

If the respondent fails to do certain things that the OP requires him to do (see above), these are also violations, but the respondent cannot be arrested for these violations. Some examples of violations that are not criminal are:

  • Failure to pay you support.
  • Failure to reimburse you for expenses you suffered as a result of abuse.

For these things, the respondent can be held in contempt of the order, not arrested. If the respondent violates the OP in this way, you can call the state's attorney's office in the courthouse where you received the OP. If you are represented by a lawyer, consult with him or her about this.

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