What Kind of Misdemeanor Is Visitation Interference in Illinois?
Few issues surrounding today's American family are more contentious than child custody. To ensure the fairest possible outcome in difficult situations for parents and children, courts may order certain provisions allowing non-custodial parents visitation rights with their children. In the state of Illinois, interfering with a parents' court-ordered visitation rights is a criminal offense.
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Definition
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The Illinois Criminal Code makes Visitation Interference a criminal offense. A person commits this crime if he or she, "in violation of the visitation, parenting time, or custody time provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation, parenting time, or custody time ...," according to Section 10-5.5 of the Code.
First Two Offenses
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Under the Illinois Criminal Code, Visitation Interference is a punished as a petty offense for the first two violations committed. Petty offenses are not punishable by incarceration.
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Third Offense
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Upon the third violation, Visitation Interference becomes a Class A Misdemeanor. Class A Misdemeanors are typically punishable by incarceration for a period between six months and one year.
Affirmative Defenses
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The courts in Illinois are allowed to consider the following affirmative defenses: 1) the defendant acted reasonably to protect the child in question; 2) the defendant's actions were committed with the mutual consent of everyone in custody of the child; and 3) "the act was otherwise authorized by law."
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