Violations of Orders of Protection Attorneys
Any kind of violation of an order of protection can result in serious consequences. An order of protection is usually granted under a civil issue. If there is a violation of this order, then the person who commits the violation enters into a criminal court because of the nature behind the order of protection. For some violators, a jail sentence is a possibility depending on the person’s background and the severity of the violation. If a violation occurs, an attorney can work to deliver details about the occurrence as well as the intent.
An order of protection is granted to a petitioner as a way to keep the respondent from making any kind of contact. Once the respondent makes the decision to make contact and violate the conditions of the order, the person becomes a defendant in the eyes of the court. Charges of violation must occur while the order is valid. The respondent must have been served the order of protection, knowing that there were certain actions that could not be committed, such as making no phone contact with the petitioner. Soon after a complaint is made against the respondent, then an officer can take the person into custody to go before a magistrate or a judge. An attorney can work with the defendant to piece together how the violation occurred as there could be instances when paths crossed unintentionally. The petitioner could think that the meeting occurred intentionally, contacting law enforcement about the violation.
Charges of a violation of an order of protection are typically handled as a misdemeanor. If jail time is ordered, it’s usually less than a year. If the defendant has a criminal history or if there are past issues with violations, then the person could be charged with a felony violation. This could result in a longer jail sentence of up to seven years depending on the circumstances. Sometimes, probation is an option if the person doesn’t have a criminal background.
After Being Charged
If at any time you are charged with a violation of an order of protection, then contact with an attorney would likely be the best option to consider. An attorney can work to investigate the details of the order of protection and determine whether an intentional violation occurred. Various types of material can be examined, such as social media messages and posts as well as emails and phone conversations.