People v. Avelar

Illinois Appellate Court
Criminal Court
Orders of Protection
Citation
Case Number: 
2017 IL App (4th) 150442
Decision Date: 
Wednesday, July 12, 2017
District: 
4th Dist.
Division/County: 
Vermilion Co.
Holding: 
Affirmed.
Justice: 
STEIGMANN

Defendant was convicted, after jury trial, of 3 counts of violating order of protection (OP). State is not prohibited from charging separate offenses for multiple, simultaneous violations of the same OP. No one-act, one-crime violation exists because State charged Defendant with 3 counts of violation of  OP against 3 different victims:  his ex-girlfriend and 2 of their children. Defendant committed an act that violated OP in 3 ways, as to 3 separate victims, as he picked up 2 children from ex-girlfriend's house and took them to town where he lived, at time when OP was in effect which prohibited Defendant from being within 200 feet of ex-girfriend and their 3 children. (HARRIS and APPLETON, concurring.)