In cases where someone is charged with a crime related to domestic violence, the court may impose a mandatory domestic violence restraining order. Violating the terms of this order can cause additional consequences, even if the defendant is ultimately acquitted of the underlying domestic violence order. Here is what you need to know about these orders and how they can affect your Lakewood domestic violence case.
What Are Mandatory Domestic Violence Restraining Orders?
Mandatory protection orders are put in place in cases involving domestic violence as a way to protect the alleged victim. According to the order, the defendant can’t “harass, molest, intimidate, retaliate against, or tamper with” the alleged victim or witness. These orders are required in domestic violence cases and are put in place even when the alleged victim did not request them or want them. Individuals subject to these orders must surrender their firearms and ammunition.
Consequences of Violating a Domestic Violence Restraining Order
The defendant could violate the protection order in various ways, including:
- Calling or text messaging the victim
- Attempting to contact the victim or witness through social media or email
- Attempting to contact the victim or a witness through a third party, such as a friend or family member
- Harassing the victim
- Threatening a witness if they testify
If you violate a mandatory protection order while it is in place, this is a crime separate from the underlying criminal offense that led to the protection order. If the defendant violates the order, they can be held in contempt. They can be charged with a class 2 misdemeanor or a class 1 misdemeanor if they have a previous history of violating a protective order. A class 1 misdemeanor is punishable by up to 364 days in jail and a fine of up to $1,000. A class 2 misdemeanor is punishable by up to 120 days in jail and a fine of up to $750.
How Long Mandatory Domestic Violence Restraining Orders Remain in Place
Mandatory domestic violence restraining orders remain in effect as long as the criminal case is ongoing. The case is ongoing until either of the following happens:
- The case is dismissed at any stage.
- The offender finishes their sentence, such as getting out of prison or completing probation.
Civil Protection Order Details
Mandatory domestic violence restraining orders are different from civil protection orders. Civil protection orders are issued through civil courts at the alleged victim’s request. A victim can ask for a civil protection order even when a mandatory domestic violence restraining order is in place. These orders can be permanent, with no expiration date, or set for a certain number of years. Violating these orders can also result in being charged with a class 1 or 2 misdemeanor.
Contact an Experienced Lakewood Defense Lawyer for Immediate Legal Assistance
If you have been served with a protection order, you need skilled legal representation from our Lakewood restraining order defense lawyer to protect your rights. The Law Offices of Elaine E. Lukic has extensive experience handling domestic violence cases. Call (888) 565-2217 or fill out our contact form to get started with a confidential case review.