Violation of Order of Protection Lawyers
How to Handle a Violation of Order of Protection
It is possible for a court to limit a person’s behavior if they have harmed or threaten to harm another person. The court could issue an order of protection. This is done to handle a variety of safety issues involving domestic violence and more. Supreme courts, as well as criminal courts and family courts, can all issue orders of protection.
Family Court
This court will often issue an order of protection as part of a civil proceeding. The goal is always to end violence or threats of violence between individuals involved in an intimate relationship as well as between family members. It is designed to protect anyone affected by violence. A family court can issue an order of protection against someone who has a child in common with another person, is a former or current spouse, family member by blood relation or marriage. This can also be done when two people have had an intimate relationship.
Criminal Court
If the person is arrested and has been shown to be abusive toward a witness, a criminal court could issue an order of protection. It does not have to involve a family member or people in an intimate relationship for a criminal court to issue an order of protection. It’s also possible for a criminal court to issue an order of protection to protect the victim of a crime. A judge in the criminal court will determine the terms and conditions of the order of protection.
Supreme Court
It is possible for a supreme court to issue an order of protection in a case involving an ongoing divorce. This is often granted after a person makes a written request as part of a motion to the court. It could also be requested as part of an order to show cause. An order of protection can also be requested as part of an oral request during a court appearance.
Petitioner Initiating Contact
There are situations where a petitioner is granted an order of protection and violates it. The section covering no contact is most often violated by a petitioner. People must understand, an order of protection can only be changed by the court. It doesn’t matter if a petitioner changes their mind and wants to initiate contact. If the subject of the order of protection responds to a petitioner’s request for contact, they could still be charged with criminal or civil contempt. They could face legal consequences even if the contact is initiated by the petitioner. A court may not penalize someone for answering a phone call or responding to an email from the petitioner, but it may be safest to not engage in such contact.
Punishment
When a person is charged with violating an order of protection, they are facing a serious situation. They could be arrested and charged with criminal contempt in the second degree. This is classified as a Class A misdemeanor. If a person is convicted of this charge, they could be incarcerated for up to twelve months and be required to pay a fine of $1,000. A charge of criminal contempt in the first degree could also be given. This will be charged if a person intentionally causes or attempts to cause the petitioner to flee for their safety after being contacted. It could involve a person brandishing a weapon or behaving in an intimidating way. This is classified as a Class E felony. If convicted of this, a person could be incarcerated for up to four years and be forced to pay a fine of up to $5,000. If the subject of an order of protection is found guilty of intentionally or recklessly causing injury to the petitioner; they could be charged with aggravated criminal contempt. This is categorized as a class D felony, and a person could be incarcerated for up to seven years and forced to pay a fine of $5,000.
Defense
It is common for a violation of an order of protection to happen because of a misunderstanding by one or both of the parties involved. It will always be important to understand the circumstances of the violation. A lawyer will know how to protect a person’s rights in this situation.
Contact
An experienced attorney will know how to examine all the facts of a case. The motivation behind the charges will be determined. When a person is charged with this crime, it is important they contact a knowledgeable and experienced attorney. These legal professionals will know the best possible way to obtain an acceptable result.