Is an order of protection considered a misdemeanor?

UPDATED: Nov 6, 2011

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Is an order of protection considered a misdemeanor?

I have an order of protection against my nephew, who had threatened to kill my husband and myself, then called us to say he was going to sue us for criminal conspiracy because my husband went with his parents when he was committed to a hospital psychiatric ward . We had an emergency order initially, when we learned he had been released. Then 2 weeks later we returned to court, he did not show up, and we agreed to continue the order which will expire in 2 years He is not under any psychiatric care and had been issued a FOID permit, prior to his commitment. Is this considered a criminal act?

Asked on November 6, 2011 under Criminal Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The order of protection that you are writing about is somewhat like a restraining order with respect to the person who possibly could cause you or others harm. In essence, law enforcement has been advised of the situation and the need to protect you.

Likewise, law enforcement has been advised of a stay away order with respect to your nephew who has threatened to cause you harm. The order in place is not a misdemeanor. It is an order issued by the court to protect you and others.

Good luck.

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