Consequences of Protective Order Violations
At Lotze Mosley, our criminal defense attorneys in Washington D.C. and Maryland represent clients who have been charged with domestic violence or served with protective orders that require them to stay away from an individual who has accused them of committing harm.
When a protective order is issued by the courts, violating it can come with serious consequences including extended enforcement or even jail time.
What Constitutes the Violation of a Protective Order?
Violate a protective order requires the individual who was served with the order attempting to contact the petitioner.
This can include making contact in person, via phone, text messages, email, or social media.
Protective orders have a no-contact condition, which means any contact is a violation of the order. Depending on the type of protective order, the contact may not have to be threatening or violent to be a violation.
How are Alleged Protective Order Violations Reported?
The petitioner — the individual who files the protective order — often reports violations of a protective order by alerting the police or the courts that contact has occurred.
If the police are called, the person in violation of the order will be arrested.
If the petitioner alerts the courts, formal paperwork must be completed to file a criminal or civil complaint alleging a violation of the order.
Since there is no active supervision of a protective order, proving a violation occurred is required before the individual faces legal consequences for the allegations.
Proving a Protective Order Violation Occurred
The petitioner must show that it is more likely than not that the individual violated the terms of the protective order.
If there is evidence that the individual violated the order, the prosecutor’s office may seek probation or potential jail time.
Have You Been Accused or Arrested for Violating a Protective Order?
If you are facing allegations of violating a protective order, contact our experienced criminal defense attorneys in Washington D.C. and Maryland at Lotze Mosley, LLP to determine the best course of action for your unique case by calling (202) 393-0535 today.
We will review the facts of your case, including the evidence and any procedural violations that may have occurred during the alleged violation to unravel the complications of these cases and use all the available information and resources to minimize the potential consequences.