Protective orders are a critical legal tool for safeguarding individuals from domestic violence or abuse. Whether you find yourself needing to file for a protective order or contesting one, understanding the intricacies of both sides is crucial before taking legal action. This article delves into the complexities of protective orders, covering:
- Filing for a Protective Order and Knowing How to Proceed Once Filed
- Criminal Defense and Family Law: Where the Two May Intersect Under Protective Orders
- Keeping Family in Mind During Contentious Times
Pursuing a Protective Order and What to Do in Case of a Violation
A protective order, akin to a restraining order, is designed to shield individuals from alleged abusers. In legal terms, an abuser is someone who commits an act that causes harm, inspires fear of harm, an act of assault, rape, or sexual assault, or false imprisonment.
A judge may issue a protective order with provisions that bar contact, enforce support, or restrict the privileges of the alleged abuser. These provisions include:
- Requiring the abuser to cease all forms of abuse.
- Ordering the abuser to stay away from the protected individual, their family, or any significant locations (school, work, etc.).
- Prohibiting any communication with the protected individual through any means.
- Enforcing financial support, including child support, housing payments, or other financial obligations.
- Issuing restitution for damages, medical expenses, or property losses.
Furthermore, a protective order can include provisions impacting daily life and well-being, such as vehicle ownership, mental health or substance abuse counseling, visitation and child custody schedules, and emergency support. These orders typically last up to one year.
If the person against whom you obtained a protective order attempts to contact, harass, or continue abusing you, contact the police immediately or file criminal charges as soon as possible. Law enforcement can intervene and arrest anyone violating the order, potentially leading to court proceedings, jail time, and fines. Violations can result in a contempt charge for disobeying a court order.
Testifying in court may be necessary if the claims are contested or the defendant pleads not guilty. Having legal representation from the outset, ideally from an attorney who assisted in drafting the initial protective order, is crucial for navigating the legal process effectively.
The Other Side: Defending a Protective Order Violation
Accusations of violating a protective order are serious and can lead to criminal proceedings—a misdemeanor charge.
However, prevention is key. Contact your attorney before potentially violating any provision of the order.
“It is always better to be proactive and seek legal counsel to understand your rights and obligations under a protective order than to face the consequences of a violation.”
Protective orders fall under domestic law. If you’re served one during or after a divorce, consult with your divorce attorney. Securing legal representation is always advisable. An attorney can review each provision with you, clarify the boundaries they impose, and explore options for challenging aspects that restrict your rights.
Appealing or contesting a protective order involves a legal process in the circuit court where the granting district court is located. These appeals are usually separate trials. Securing an attorney as soon as possible is crucial for filing your appeal effectively in MD, VA, PA, and DC.
It’s important to note that a protective order is not a criminal charge or indictment in itself. The order will contain information regarding the trial date and whether you consent to the order. If you do not consent, you have the right to contest it.
If the protective order infringes on your access to your children, you can contest it to negotiate more lenient visitation schedules. Similarly, if you’re ordered to leave your home or avoid specific areas, contesting the order may be necessary.
If abuse charges accompany the protective order and lead to an arrest, contact a criminal defense lawyer immediately. JC Law can help you in these tough times.
Take Either Side of the Coin Seriously
Whether you are filing for or responding to a protective order, it’s imperative you take the entire process seriously. Having a skilled lawyer at your side is a great step to take to ensure the decision you make is well-thought-out and expertly handled.
Consider the potential ramifications of a protective order and how it may affect you and your children. Don’t hesitate to file if your and your child’s safety is at risk, but convey your concerns to your attorney beforehand.
On the opposing side, if you’re served a protective order, stay calm. Avoid rash decisions that could compromise your future, such as immediately voiding the order or attempting to take your children away before your court date. These actions can create significant obstacles.
These actions, intended to show that you are taking the situation seriously, may worsen your position in the eyes of the court if you are pursuing an appeal or contest.
James E. Crawford, Jr. and his team at JC Law are here to provide legal support when you need it most.
Protective Order Information by State
| State | Protective Order Name | Duration | Violation Penalties |
|---|---|---|---|
| Maryland (MD) | Protective Order | Up to 1 year | Up to 90 days in jail and/or $1,000 fine |
| Virginia (VA) | Protective Order | Up to 2 years | Class 1 misdemeanor, up to 12 months in jail and/or $2,500 fine |
| Pennsylvania (PA) | Protection From Abuse Order (PFA) | Up to 3 years | Indirect Criminal Contempt, up to 6 months in jail and/or $1,000 fine |
| District of Columbia (DC) | Civil Protection Order (CPO) | Up to 2 years | Criminal Contempt, penalties vary based on the underlying offense |
FAQs about Protective Orders
Q: What constitutes a violation of a protective order?
A: A violation can include any action prohibited by the order, such as contacting the protected individual, coming within a specified distance of them, or engaging in any form of harassment or abuse.
Q: Can I appeal a protective order if I believe it was wrongly issued?
A: Yes, you have the right to appeal a protective order. Seeking legal counsel immediately is crucial to understand the appeals process and prepare your case.
Q: What should I do if I accidentally violate a protective order?
A: Even if the violation was unintentional, contact your attorney immediately. They can advise you on the best course of action and represent you in any legal proceedings.
Q: How long does a protective order last?
A: The duration of a protective order varies by state. In Maryland, it typically lasts up to one year, while other states may have different durations.
Q: Can a protective order be modified?
A: Yes, a protective order can be modified by the court if there is a significant change in circumstances. Both the protected individual and the respondent can petition the court for modification.
Contact JC Law for a free initial consultation if you need help with family law issues, especially those related to protective orders. Our lawyers will do everything they can to ensure that you have the right tools to achieve the best outcome for you and your family.
