Order of Protection

An order of protection is typically used in a cases involving domestic violence. While many consider an order of protection little more than a ‘piece of paper,’ if you violate the order, you can get arrested. There are a variety of different types of protection orders with variability in length and amount of contact. No matter what your situation is, if you’ve been arrested and charged with violating an order of protection, you need to speak with a criminal defense attorney immediately about your case.

Emergency Versus Long Term Protection Orders

The duration of protection orders can vary from just a few days in an immediate emergency up to five, 10 years or longer for more serious, long term cases. Emergency protection orders typically happen during domestic violence situations where one party is asked to leave the residence. In most cases, who ever is considered by law enforcement officers on the scene to be the aggressor is usually arrested or taken away from the home and the victim is given an emergency order of protection.

Different Types of Protection Orders
  • No contact
  • Peaceful contact
  • Stay away
  • Move out
  • No firearms
  • Counseling
What About Restraining Orders?

Restraining orders are typically used in family law cases involving divorces or other civil issues. This type of restraining order isn’t the same as the type of order of protection involved in a domestic violence case. It’s possible to request a restraining order without telling the other party. In some cases, there may be a hearing at a later date, as with protection orders.

Violating an Order of Protection

Depending upon the unique situation and circumstances of your individual case, you could be facing one of three outcomes involving a violation of an order or protection. First, it’s possible to be charged with a felony. This happens in cases where the outcome is severe and the stakes are high. If the victim was seriously injured, you could be facing a felony violation of an order of protection. For less serious charges, you could be looking at a misdemeanor or even contempt of court. If this is part of a domestic violence case, you could be looking at additional charges as well.

Does a Protection Order Still Work Across State Lines?

Although a person gets an order of protection in one particular jurisdiction, that order should be honored and upheld by law enforcement agencies throughout the nation. Just because somebody moves, that doesn’t mean that he or she no longer has a valid order of protection.

Penalties Associated With Violation of a Protection Order

The penalties associated with a violation of a protection order can be as light as a contempt of court charge and a small fine and as hefty as five or more years behind bars. Additionally, a first-time offender violating a protection order is likely not going to face the same harsh penalties a routine or escalating offender might. Unless, the first time violation of the protection order involves violence or some type of damage to a victim, you might only be facing contempt of court or misdemeanor charges.

Accidental Protection Order Violation

In many cases, protection orders are violated accidentally. A person may or may not have been notified of the protection order at the time of the so-called violation. In order to be convicted with violation of a protection order, the prosecution has to prove that the violation was intentional. If you were unaware of the protection order prior to the alleged violation, you need to let your lawyer know immediately.

Jackson Criminal Defense Lawyer

After any type of arrest, it’s essential to get a criminal defense attorney on your case as soon as possible. In many of these cases, there could be criminal as well as civil issues involved, so it’s important to have an attorney that can stay abreast of any and all new developments in the case. Since the outcome of these cases can often determine when and how you can spend time with loved ones or family members, it’s important to make sure you speak with a lawyer as soon as possible. If you’ve been arrested for violating an order of protection, ask to speak with your lawyer before answering any questions. Not only can what you say be used against you in a criminal court of law, it could also be used against you in any future family law and civil case proceedings.

If you have been arrested or charged with violating an order of protection in or around Jackson, contact Coxwell & Associates, PLLC at (877) 231-1600 for an immediate case consultation.

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