HOW DO YOU GET CHARGED WITH VIOLATION OF PROTECTIVE ORDER?
Before you can be charged with a violation of protective order there must be an order from a judge telling you not to have contact with another person. This order can be generated in a couple of different ways. Here are three common ways an order can be issued barring you from contacting another person;
If the alleged victim has obtained a civil court order after filing a petition for protection from abuse or petition for protection from stalking and the judge issued either a temporary or permanent order not allowing contact.
If you are involved in a criminal case and a judge issued an order that you not have contact with another person as a condition of your bond.
If a judge issued a no contact order in a civil case like a divorce or paternity case.
If a judge has issued an order and you have notice that the order was issued you are required to comply with that order. If you do not comply with a judge’s order then you are subject to a criminal penalty of up to one year in the county jail. There are a couple of common mistakes when it comes to these types of cases that you must be aware of. Making any of these mistakes can cause you to pick up a case for violation of a protective order.
You Get Confused With Regards To Multiple Different Judges’ Orders. In some situations, you may have more than one judge issuing orders that impact you. If you don’t closely pay attention you may inadvertently violate a judge’s order. For example, if you are arrested for a domestic battery and the judge issues a “no contact order” between you and the alleged victim then at the same time the alleged victim files a protection from abuse petition against you and a temporary order is issued barring you from contact with that person. In this case you have two different judges telling you that you cannot have contact with a specific person. If the petition from abuse is subsequently dropped and that order is lifted you are still subject to the “no contact order” in your criminal case. You have to be very careful that you comply with both court’s orders.
You Get Confused With What Type Of Contact You Can Have. If the judge issues a “no contact” order you can’t communicate with the other person. You can’t be around them, can’t send them a letter, can’t text them, can’t email them. You can literally have no contact with them. If you are at work and they walk in to buy something or try to talk to you, you have to leave. They don’t have an order that they can’t contact you. You have an order that you can’t contact them. If they send you a message they aren’t breaking the rules, if you respond to it you are.
You Try To Communicate Through Another Party. This is against the rules. If there is a no contact order issued you are not allowed to have a friend or family member tell the other party a message for you.
You Make Contact With The Other Person With Their Permission. This is against the rules and not smart. Some people choose to ignore the judge’s order and communicate anyway. There are several reasons people do this, the most common one being; “Well ABC loves me, they won’t tell anyone because they know it will get me in trouble.” If you find yourself saying or thinking this, you are making a big mistake. The second you pick up the phone, send that email or stop by their place you are breaking the law. Not only are you taking a chance that you will be caught you are also giving that person an immense amount of power over you in the future. Now you have committed a crime and they know about it and all they have to do at any time is call the police and you’ll end up arrested and charged with another crime.If you end up charged with the crime of violating a protective order you probably are in more trouble than you realize. In Kansas, violation of a protective order is a class A misdemeanor. Class A misdemeanors are punishable by up to one year in jail. Also, many times violation of protective order cases have a domestic violence designation. If you are convicted of a crime involving domestic violence your right to have a firearm will most likely be affected.
If you find yourself charged with the crime of violating a protective order feel free to contact our office for a free consultation. The criminal defense lawyers at Roth Davies help clients in all courts in Johnson County.