New Law for Violating an Order of Protection

As of January 1, 2009, the Court will now have the authority to require defendants accused of violating an order of protection to wear or carry a GPS-tracking device. This device will alert both the authorities and the parties to the order of protection if the defendant enters a restricted zone.

Pursuant to the new law, the Court may order the defendant to carry or wear a GPS device at any of the following times:
1) As a condition of bail after being charged with a violation of an order of protection;
2) As a condition of probation for violating an order of protection;
3) As a condition of conditional discharge after a conviction for a violation of an order of protection;
4) As a condition of early release because of a grant of good conduct credit after a conviction of an order of protection; or
5) As a condition of parole or mandatory supervised release after a conviction of a violation of an order of protection.

Furthermore, this new law increases the fines for every conviction of violating an order of protection by a minimum of $200.00. Additionally, effective January 1, 2008, every time an order of protection is issued, the defendant will now have to undergo a mandatory evaluation by a partner abuse intervention program. It will also be mandatory for the defendant to follow all recommendations of said evaluation. Failure to undergo the evaluation or follow the recommendations will constitute a violation of the order of protection.


Public Act 095-0773

http://www.senatedem.ilga.gov/GH_ShowArticle.asp?HID=823&CATID=11