Articles Posted in Violation of Order of Protection

Order-of-Protection-200x300Many times when someone is arrested and charged with a Domestic Battery the Court will issue an Order of Protection that seeks to protect the person claiming to be abused (Petitioner) from being harmed or harassed by the person who is being charged with the Domestic Battery. When I have a client (Respondent) that has an Order of Protection entered against them they often get confused and do not fully understand what this means and what they can and cannot do. I want to discuss what an Order of Protection is and what you need to do to protect yourself from Violating the order and getting into deeper trouble.

Basically an Order of Protection is a Court Order which prohibits someone from doing something. There’s two ways for an Order of Protection to come into existence. The most common way is when someone is arrested and charged with a Domestic Battery. At the first court date, which is usually the Bond Hearing, the court will enter an Order of Protection . This initial Order of Protection is only for a limited time until the Court conducts a hearing to determine whether to extend the Order of Protection or enter an Order of Protection that will last for as long as the Domestic Battery criminal case continues in court. This is called a Plenary Order of Protection.  Another way for an Order of Protection to be issued is when someone goes to court and files a Petition asking the court to issue a Temporary Order of Protection.  In cases like that, the Order of Protection is often issued without the other person being present in court and is only for a short period of time so that the other person can be notified to appear in court so that a hearing may be conducted to determine whether the Order of Protection should be extended or issued for up to two years.

Not every Order of Protection is the same. From my experience there’s basically two types of Orders of Protection that are usually entered. The most common Order of Protection is a “full no contact” Order of Protection. That type of Order of Protection provides that the Respondent is not allowed to have any contact whatsoever with the Petitioner.  The other type of Order of Protection that is commonly entered prohibits any harmful or offensive contact.  The full no contact Order of Protection means what the title says.  If you have that type of Order of Protection entered against you this means that you cannot have any contact whatsoever with the other person.  Those types of Orders usually provide that you cannot be within a certain number of feet of the other person, that you cannot go to their residence, that you cannot go to their place of employment and other places where they may be.  It also means that you cannot contact them by electronic means whatsoever. This includes email, social media, telephone calls, and text messages.  The reason that you are trying to contact that person is irrelevant.  The mere fact that you tried to contact them by sending an email or a text message, or posting something on their Facebook page is enough for you to be considered in Violation of the Order of Protection.

Violation-of-an-Order-of-ProtectionThe main difference between a Civil Order of Protection and a Criminal Order of Protection has to do with how the person who is seeking the Order of Protection goes about getting the Order of Protection entered, or issued.  An Order of Protection is a court order which bars someone from having at least some contact with another person.  The typical Order of Protection forbids a person from being anywhere near another person or forbids them from being at a certain location or attempting to make any contact whatsoever with the other person.  It’s really the only way that the legal system can offer protection from bodily harm from another person.  It’s a piece of paper that has no power in and of itself to prevent anything from happening.  The only thing that the Order of Protection does is allow the police to arrest someone if they are found to be in Violation of the Order of Protection.

Let’s first talk about a Civil Order of Protection. The process for obtaining a Civil Order of Protection is usually started by the person who is seeking to be protected themselves.  They file a Petition with the court requesting that a Civil Order of Protection be entered.  The initial order can be entered without the person against whom the Order of Protection is sought to be entered without even having been served with the petition.  When the Court is presented with the Petition, the court will review it to see if there’s a basis for an order being entered.  The Court may question the person seeking the Order of Protection, known as the Petitioner, and if the Court is satisfied that there’s good cause for the entry of an Order of Protection, the Court will enter an Emergency Order of Protection that will only be good for 14 days.  The Court will set a Court date and the Petitioner will have to serve the Respondent, the person who the Petitioner is seeking to be protected from, with a copy of the Emergency Order of Protection.  At the next Court date a hearing will be held for the judge to determine whether a permanent Order of Protection should be entered.

Now let’s talk about a Criminal Order of Protection.  A Criminal Order of Protection arises out of a criminal case.  The party asking for the entry of an Order of Protection is usually the prosecutor in the criminal case.  Most Criminal Orders of Protection arise out of a Domestic Battery case.  But I have seen them in Stalking and Harassment cases.  What typically happens is that at the first court date, usually the Bond Hearing, the prosecutor will ask the judge to enter a Temporary Order of Protection forbidding the defendant from being anywhere near the victim and from having any contact with the victim.