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What Happens If You Violate a Protection Order?

violation of protection order

Protection orders are meant to ensure the safety of individuals who may be in danger.

But what happens if you violate such an order?

It’s important to know that there are serious consequences for violating these kinds of court-ordered mandates.

No one should ever feel unsafe, and protective orders can offer peace of mind. Unfortunately, some people fail to abide by protection orders, but they must understand that there are consequences for their actions. If you violate a protection order, you could face jail time, hefty fines, and more.

If you have more questions or need legal representation, contact The Botnick Law Firm today.

Definition of a Protection Order

A protection order is a court-issued document that prohibits someone from engaging in certain activities or contacting another person. These orders are typically filed after an incident of abuse or violence has occurred, and they can provide named victims with much-needed peace of mind.

Anyone who violates the terms of a protection order will be held accountable for their actions in criminal court.

Types of Protection Orders

There are two primary categories of protection orders: temporary and permanent.

Temporary protection orders (TPOs) are issued immediately without hearing from both parties. They remain in effect until a court hearing, where both sides have an opportunity to make their case before a judge issues the second type of protection order, often called a permanent restraining order (PRO).

PROs provide more long-term coverage regarding contact between individuals, relocation, property division, etc. They can be modified by either party if circumstances change but must be approved by the issuing judge first.

Penalties for Violating Protection Orders

Penalties for violating protection orders can range from fines to jail time, depending on the severity of the violation.

In some cases, even attempting to contact or otherwise harass someone protected under a protection order is considered a crime and could result in further action being taken against them by law enforcement.

Furthermore, if any physical violence occurs as part of violating a protection order, harsher consequences may follow.

How to Avoid Violating a Protection Order

The best way to prevent violating a protection order is to thoroughly read through all paperwork related to your case and ask questions about anything you don’t understand.

Make sure to keep copies for yourself, so you have proof of what was agreed upon by both parties. Additionally, always follow any instructions and restrictions given by court personnel. Don’t ignore small details like not visiting certain areas or communicating with someone involved. Being aware of the terms and following them carefully will help ensure you remain compliant with the protections set forth in your situation.

By understanding the ramifications of ignoring a protection order, staying up-to-date on all associated documents, and adhering strictly to instructions, you’ll be able to take proactive steps toward avoiding potential legal issues down the road.

How To Challenge A Protection Order

Challenging a protection order requires careful consideration and planning. Start by gathering evidence to support your position, such as any proof of communication with the other party in question or statements from witnesses who saw the incident that prompted the protection order.

Once you have assembled sufficient evidence, look up information on local court procedures so you understand what must be done to file a motion to modify or terminate the protection order. Make sure everything is organized properly before filing. This will help ensure your case is taken seriously and processed quickly through the court system.

Once all documents are filed, prepare yourself emotionally and mentally for potential opposition from the party that filed a protection order in the first place. Be prepared to present convincing arguments in favor of modifying or terminating the existing order during any hearing that may take place.

It’s best practice to work with an experienced criminal defense attorney if you’d like to challenge your protection order. They can compile evidence, talk to witnesses, and represent you in court. If you try and go through this process by yourself, you may not succeed in terminating the order.

Contact The Botnick Law Firm Today

Ultimately, if you violate a protection order, you may be subject to fines and jail time. It’s best to avoid finding yourself in this position altogether by following all the rules outlined in the protection order and getting any necessary guidance from an experienced criminal defense attorney. Taking proactive steps now can save you a lot of trouble later on down the road.

Do you have more questions about violating protection orders? Do you need a criminal defense lawyer to represent you in court? If so, contact The Botnick Law Firm today.

Call now to schedule a free consultation.

Author Bio

Botnick Law Firm

Robert Botnick is CEO and Managing Partner of Botnick Law Firm, a criminal defense law firm in Cleveland, OH. With more than 19 years of experience in criminal defense, he has zealously represented clients in a wide range of legal matters, including DUIs, misdemeanors, felonies, domestic violence, and other criminal charges.

Robert received his Juris Doctor from Cleveland-Marshall College of Law at Cleveland State University and is a member of the Ohio State Bar Association. He has received numerous accolades for his work, including the Best DUI Lawyers in Cleveland award by Expertise.com.

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