Penalties for Violating an Order of Protection
4 years ago by Justin M. Schiks
An Order of Protection is an order that is issued directly by a Minnesota court when the court feels that someone is in danger. Since an Order of Protection is a valid court order, violating it can have serious consequences. Even if you believe that the information contained in the petition for a protective order was false – or that the individual who filed for the protective order did so under false pretenses – you could still suffer extremely serious consequences for ignoring an order of the court.
If you have been charged with violating a protective order, you could be facing serious additional charges and potential criminal penalties. The Woodbury, MN order of protection lawyers at JS Defense, PA. could help you develop a defense and/or work to minimize the consequences associated with an alleged protective order violation. Give us a call today at (651) 968-9652 or contact us online to learn more about how we could work to minimize the consequences in your criminal case.
When Can a Protective Order be Issued?
A court can issue a protective order under certain circumstances. In most instances, the court must reasonably believe that the alleged victim was recently the subject of harassment, domestic violence, or stalking. Depending upon all of the facts and circumstances involved, violating an order of protection could lead to felony charges, gross misdemeanor charges, or misdemeanor charges.
Criminal Charges for Violating an Order of Protection
Violating an order of protection or restraining order in Minnesota can result in separate (and new) criminal charges. An individual accused of violating an order of protection could be charged with any of the following:
- Felony charge – in cases where the accused allegedly violated an order of protection, and he or she had previously been convicted of a domestic assault charge at least twice during the previous ten years. A person who is convicted of a felony charge under these circumstances could be sentenced to up to five years in jail, along with $10,000 in monetary fines.
- Gross misdemeanor charge – in cases where the accused allegedly violated a restraining order and he or she had previously been convicted of a domestic violence charge during the prior ten years. If the accused is ultimately convicted of this gross misdemeanor charge, then he or she could face up to one year of incarceration, along with $3,000 in monetary fines.
- Misdemeanor charge – in cases where the accused knowingly and intentionally violated a restraining order (without any previous domestic assault convictions). Upon conviction, the accused could be sentenced to up to 90 days of incarceration, along with $1,000 in monetary fines.
Speak to a Woodbury, MN Order of Protection Lawyer Today
If you have been charged with violating a protective order, you should not wait to retain legal assistance. The experienced defense attorneys at JS Defense, PA. can assist you with defending your criminal charge and could represent you at your sentencing hearing. To schedule a free case evaluation and legal consultation with a Woodbury, MN order of protection attorney, please call us at (651) 968-9652 or contact us online today to learn more.