Restraining/ Protection Order Violations
If you’ve been charged with a restraining order (protection order) violation in Michigan, Being charged with a restraining order violation can be difficult, and embarrassing. And you aren’t likely to get much sympathy from the prosecution, judges, or even people you know.
But as defense attorneys, we understand what you are going through. We know that these charges can be brought on a hair trigger, regardless of whether you did anything threatening, or even intentional! Sometimes people are even charged with a crime when the alleged victim initiates the contact.
So while the situation isn’t fair, your next move is important. The potential sentences for these offenses are serious and you need an experienced attorney to help you work through the legal process and protect your rights under the law. We can help you make sense of what is happening and give you advice to better your outcome. Call our office to talk about your case today.
What is a Personal Protection Order?
Under Michigan law (MCL 600.2950 and 2950a) Personal protection orders are issued in domestic violence and stalking/harassment cases to keep the alleged aggressor away from the victim. The personal protection order will include conditions preventing certain actions by the alleged aggressor. These possible violations include:
- Entering onto premises
- Assaulting, beating, or wounding the petitioner
- Taking children from the home of the petitioner when the petitioner has legal custody (in domestic cases)
- Purchasing or possessing a firearm
- Interfering with the petitioner at work
- Having access to records which include the petitioners address or phone number
- Any other specific condition that may cause apprehension of violence or infringe on personal liberty.
If you are found in violation of a protection order by violating any one of the terms you can be immediately arrested without a warrant.
If you are arrested for a violation of a personal protection order you will be charged with contempt of court and brought before a judge within 24 hours whenever possible. At this initial hearing you will be advised of your contempt charge and another court date may be set within 72 hours.
If the only charge you are facing is contempt, you will likely be released on bond pending the show cause hearing. Your victim will be alerted that you are being released at this time.
If the county you are arrested in differs from the county where the original protection order was issued, the issuing county will be made aware of your contempt charge and they may request you answer to the charge there.
In the interest of protecting victims, courts are notoriously hard on violations such as these. Because they feel that these violations may be a precursor to more extreme violence, they want to be sure and stop the behavior before it gets out of hand.
Frequently these violations are committed against someone to which there is a deep connection. What makes these criminal proceedings so difficult is the connection (past or present) between the alleged aggressor and the victim.
As a defendant in a protection order violation case, you will be seen as a bad guy. You may feel ostracized or betrayed by the alleged victim. A skilled attorney can provide you with the objective mind you need to get through this difficult time.