Violating a protective order is a serious offense in Creek County, Oklahoma, with significant legal consequences. Protective orders, also known as restraining orders, are issued to prevent one person from contacting or coming near another person. They are typically issued in cases involving domestic violence, stalking, harassment, or threats and will have different conditions based on the situation. Because of this, understanding the penalties you could face if charged is crucial.
Consequences of Violating a Protective Order
If you violate a protective order that’s against you, you could face several types of penalties.
- Contempt of Court: Violating a protective order may also result in contempt of court charges, which can lead to additional penalties such as fines and jail time.
- Arrest and Detention: Law enforcement officers have the authority to arrest individuals who violate protective orders without a warrant. After an arrest for violating a protective order, there may be a requirement to post bail.
- Impact on Custody and Divorce Proceedings: These charges can negatively impact ongoing custody or divorce proceedings as courts may view the violation as evidence of inability to comply with court orders.
- Criminal Charges: Violating a protective order is a criminal offense which, depending on the circumstances, can classify as a misdemeanor or a felony.
The judge will look at all aspects of both the protective order and the violation before making an official decision.
Steps to Take if Accused of Violating a Protective Order
If you’re facing accusations of violating a protective order, there are certain steps you need to take to ensure your case is solid. One of the first is to seek legal advice immediately from an experienced criminal defense attorney. While this process can be complex, it’s important to follow the advice of your attorney throughout to protect your rights. They can provide guidance on your rights, help you understand the charges, and develop a defense strategy. Further, until the matter resolves, you must strictly comply with all terms of the protective order. Avoid any contact with the protected person and adhere to all specified restrictions.
It’s also important to collect any evidence that may support your defense, such as communication records, witness statements, or any other documentation that can demonstrate compliance or disprove the allegations. Ensure that you attend all scheduled court hearings, because failure to appear can result in additional charges and a warrant for your arrest.
Defenses Against Protective Order Violations
Possible defenses against charges of violating a protective order may include:
- Lack of Intent: Demonstrating that the violation was unintentional or accidental.
- False Allegations: Providing evidence that the accusation is false or that the protected person fabricated the violation.
- Lack of Evidence: Arguing that there is insufficient evidence to prove the violation beyond a reasonable doubt.
While these are some possibilities, your attorney can look at your case and decide what your best defense options are. However, simply not knowing something was a violation is not a good defense. Ignorance of the stipulations of the protective order is not a viable defense due to the outline being provided to you in the Petition for Protective Order. This document is served upon you after it is filed, and goes into detail about the parameters of it.
Creek County Criminal Defense Attorneys
Violating a protective order in Creek County carries serious legal consequences, including criminal charges, arrest, and potential imprisonment. Additionally, it is crucial to understand the terms of any protective order and to comply fully to avoid these penalties. If you’re facing these accusations, our team at Creek County Attorneys can help you and advocate for you. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.
