What Happens if I’m Accused of Violating a Protective Order?

Protection orders are often issued in complex situations involving people you love or used to be close to. And if you find yourself accused of violating a protective order in Indiana, that can add significant stress. Indiana law takes these violations very seriously, and the penalties can be life-altering.

Without the assistance of a dedicated Indianapolis criminal defense lawyer, you may face significant challenges in protecting your rights and your future. Learn more about what happens if you’re accused of violating a protective order and how you can defend yourself against these charges.

What is a Protective Order Violation in Indiana?

A protective order, sometimes called a restraining order, is a legal directive issued by a court to protect individuals from harassment, abuse, or threats. These orders are often used in cases involving domestic violence, stalking, or other threatening behaviors to prevent further harm or contact.

When a protective order is violated, the individual has disregarded the conditions set by the court. This can include contacting the protected person, approaching restricted areas, and more. Disregarding these boundaries can have serious legal consequences.

Types of Protective Order Violations

Violations of protective orders can occur in various ways, depending on the specific terms of the order. Common violations include:

Contacting the Protected Person

Any attempt to reach out can be viewed as violating the protective order. This can include phone calls, text messages, emails, or even indirect communication through third parties.

Approaching Restricted Areas

Violators may be prohibited from coming near certain locations, such as the protected person’s home, workplace, or school. Even accidental presence in these locations can be considered a breach of the order.

Possession of Firearms

In many cases, protective orders restrict the restrained individual’s possession of firearms. If the restrained individual keeps or acquires firearms, the severity of the legal penalties for breaking the protective order escalates.

Other Specific Prohibitions

Other specific prohibitions may be put in place to prevent further harm or harassment. For example, the order may include prohibitions on avoiding physical or verbal abuse, which could compound the legal repercussions you may face if violated.

Consequences of Violating a Protective Order

Depending on the jurisdiction and the specifics of the violation, consequences can range from fines to lasting impacts on various aspects of your life. That’s why it’s crucial to understand the seriousness of the situation.

Criminal Charges

Violating a protective order can result in criminal charges, such as contempt of court, or more serious offenses like stalking or harassment. These charges not only carry immediate penalties but can also complicate your legal standing in other matters in the future.

Jail Time and Fines

Violating the boundaries of the protection order can lead to jail time, hefty fines, or both. The severity of the punishment often depends on whether the violation involved violence or threats. For repeat offenses, the jail time and fines are higher.

Impact on Custody and Visitation Rights

For those involved in family law matters, violating a protective order can adversely affect child custody and visitation rights. Courts may see the violation as disregarding legal orders, which can influence decisions regarding your ability to maintain contact with your children.

Permanent Criminal Record

A conviction can lead to a permanent criminal record, impacting future employment, housing, and other aspects of life. This criminal record can follow you long after the immediate penalties have been served, affecting your ability to move forward and rebuild your life.

Why Hiring a Lawyer Is Crucial

Navigating the legal system can be challenging, especially when facing accusations of violating a protective order. A skilled defense attorney can provide invaluable assistance by:

Explaining Your Rights

A lawyer will help you understand your rights and the legal process, ensuring you are fully informed about your situation.

Building a Strong Defense

A tenured attorney can investigate the circumstances of the alleged violation, gather evidence, and develop a defense strategy tailored to your case.

Negotiating with Prosecutors

In some cases, a lawyer may be able to negotiate with prosecutors to reduce charges or penalties, potentially avoiding jail time or other severe consequences.

Representing You in Court

If your case goes to trial, having a well-versed protection order attorney by your side can significantly improve your chances of a favorable outcome.

FAQs about Protective Order Violations

How Can a Violation Affect My Current Legal Situation?

If you are involved in other legal proceedings, such as a divorce or child custody battle, a violation can negatively influence the outcome of those cases. A violation of a protective order can compound existing legal issues, leading to additional charges or more severe penalties, making your legal situation much more precarious.

What Should I Do If I Am Accused of Violating a Protective Order?

If you are accused of violating a protective order, it is crucial to contact an attorney immediately. Avoid any further contact with the protected person and comply with all court orders. Be sure to document your actions and any communication you receive, as this information can be vital for your defense. Your attorney can help you build a defense against the accusations and navigate the legal system.

Can a Violation Be Expunged from My Record?

Depending on the circumstances and state laws, it may be possible to have a violation expunged from your record in some cases. The process for expungement can be complex, and eligibility varies depending on the nature of the violation. An attorney can advise you on the possibilities in your situation and guide you through the expungement process.

Can a Protective Order Be Modified or Lifted?

Under certain circumstances, a protective order may be modified or lifted. Modifications can include changes to the order terms, such as adjusting the distance you must maintain from the protected person or altering visitation arrangements if children are involved. To have the order lifted, you must demonstrate a significant change in circumstances that justifies its removal. This typically requires a court hearing at which both parties can present their cases. Your attorney can help you prepare the necessary evidence and arguments to support your request.

Call an Indianapolis Criminal Defense Lawyer

Facing accusations of violating a protective order can be overwhelming. The stakes are high, and the consequences can be life-altering. If you find yourself in this situation, it’s essential to seek professional legal assistance immediately.

Attorney Sean Hessler at Hessler Law PC has extensive experience defending clients accused of various offenses, including protective order violations, battery charges, and domestic battery. His background as a former deputy prosecutor provides him with unique insights into the legal system, allowing him to build robust defenses for his clients.

Don’t navigate these challenges alone. Call (317) 886-8800 or fill out our online form to schedule a consultation and begin building your defense today.