You may probably have heard of a protective order, but know what it is? Well, so many people get protective orders from a court because of so many reasons which will be explained in this article. Before then, who can get a protective order? Here’s a little insight on how a protective order works.
Who can get a protective order?
Protective orders are usually associated with victims of domestic violence. If someone has been a victim of domestic violence, such a person may file for a protective order against the person who committed the act of domestic violence.
Also, if someone is a victim of sexual assault and abuse, such a person may file for a protective order against the person who has committed the sexual offense or is attempting to.
In general, here is a list of what counts as a right to get a protective order:
- Threats of harm
- Sexual assault or attempts of it
- Bodily harm such as shooting, stabbing, kicking, biting, punching, and so on
- Inflicting mental injury on a child, such as rape or the likes of it.
If a person is a victim of any of these crime listed above and more, he or she will report to the police or any other law official, then your case gets to court. After trial, even if you are sent to jail, fined or bailed, the person will be covered with a protective order. In this regard, you are not to go anywhere close to the victim or the family members. If you do, you can be charged with violation of protective order. Having gotten to this stage, what then is a protective order?
What is a Protective Order?
A protective order can also be called a restraining order. It is a protection given to people who have been victims of domestic violence, sexual assault, bodily harm, and the rest of it.
It is a civil order from a court or a judge to protect a person, family, company, business, and so on from harm, assault, harassment, stalking, abuse etc. In this regard, the offender or defendant must not:
- Be seen anywhere close to the victim or the family members
- Disturb, harm, threaten, harass or abuse the peace of the victim of the family members, anywhere at all, whether public or private.
- Contact them at any time, whether directly or indirectly
- Enter their property
- Destroy their property.
If you break the law and do any of that, then you are liable to be charged with a violation of protective order.
A violation of a protective order may either be classified as a felony or a misdemeanor. Well, this depends on the state, as each state has different laws and statues guiding them. It may be a misdemeanor in most places and then is a felony in other places. Also, it may be a misdemeanor or a felony in most cases. Whichever one it is, it is necessary and very important that you adhere strictly to the laws of the court if a protective order has been given to someone and you are part of the case. It is best and will be better for you to avoid the alleged victim. You need to avoid any form of contact and stay away from them as much as possible.
Before convicting a person of violating a protective order, then you need to be sure that there’s a legal protective order, and that the violation was intentional.
However, there are some defenses to charges of violation of protective orders. What does this mean?
Defenses to Charges of Violating A Protective Order
If someone has been reported to violate a protective order, there are some effective defenses which the accused can use to defend himself. Here they are:
- You had no knowledge of the protective order- Yes, they may be situations where the accused is not aware of any protective order. This may either be because of the miscalculation of the police or officer in charge of the crime. It can also happen if the judge gives a protective order without a court hearing. The accused can use this as a defense.
- You didn’t violate intentionally- This happens also. In a case where you run into the victim in a place where you were not expecting to see them, then it is not an intentional violation.
- You were falsely accused- There may be cases where a victim can be wrongly accused. If you are sure that you were falsely accused, then you can use that as a defense for yourself.
You need to understand that violation of a protective or restraining order is a serious offense punishable by law. In fact, you may end up serving your jail time which may be up to 2½ years, with hard labor and also pay thousands of dollars as fine.
The Louisiana State Legislature on Violation of Protective Order
Every stare takes crime seriously, and so does the Louisiana government. The Louisiana State law sees a violation of protective order as willful disobedience of an order issued by the state, federal, parish, magistrate, judge, and so on.
This can result in a long time in jail with hard labor, depending on the severity of your crime. If you are paying a fine also, you are going to be spending thousands of dollars.
Do I Need A Lawyer for My Charge on Violation of Protective Order?
For the fact the law doesn’t take a violation of protective order lightly, you will need a lawyer to help defend you in court. If you are ever in New Orleans, and you need the professional services of a lawyer for your trial at Orleans’s Parish, then reach out to Barkemeyer Law Firm, as we are the right place to consult.
Our team of professional lawyers will help you get effective defenses to your charges. In this accord, your charges may be dropped and charged reduced.
Reach out to us today if you are facing a charge on the violation of a protective order.
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170