Defending Those Charged With Violating Orders of Protection
Orders of protection (OFPs) are typically used in domestic violence situations. These orders require an alleged abuser to leave the home, and to cease contacting and stay away from the person who requested the order. Judges routinely grant orders for protection to protect potential victims from domestic abuse. However, individuals can and do make false claims of domestic violence in order to remove another family member from the home.
If you have received notice that you have been named in an application for an order of protection, it is important to contact a criminal defense lawyer as soon as possible. I am attorney Justin Schiks, and I can help you fight the imposition of an order for protection. I also represent clients accused of violating orders of protection, harassment restraining orders and no contact orders.
Orders for protection can be obtained by family members, a person you have a child with, even an unrelated person you once lived with. The applicant is considered to have suffered domestic abuse if he or she even feared the infliction of bodily harm.
Challenging Orders of Protection
When a person applies for an order for protection, a judge first orders a temporary order. This temporary order will become permanent unless the person named in the order requests a hearing to challenge the imposition of the order. If you miss the window of opportunity, the order for protection will go into effect for two years.
Defending Against Violations of OFPs
Once an order for protection is in effect, any contact with the person who requested the order can have criminal consequences. Some people knowingly manipulate the system to encourage a violation of the order.
I represented a client whose former spouse texted him “Happy Birthday.” He responded by texting back “Thanks.” She then filed a complaint, and my client was arrested and charged with a criminal offense for violating an order of protection.
While it is important that the state have a means to protect those who are legitimate victims of domestic violence and abuse, it is equally important to protect the rights of the falsely accused. If you have been named in a temporary order of protection or if you have been charged with violating an order, please contact me at soon as possible by email or call 651-504-2564.