what do you do if someone puts a protection order on you and your lawyer refuses contact with you?

If you somehow break the court’s order, try to hire a lawyer to defend you as soon as possible. The lawyer can try to save you from additional charges and decrease the penalties you’re given. If you’re willing to make any conversation, you’ll have to inform the judge, and he will decide the rest and what to do.

Full Answer

Do I need a lawyer to respond to an order of protection?

It is best to call a domestic violence attorney to defend you at this time; don’t wait. While you are not required to hire a lawyer to respond to an order of protection, it is in your best interest to do so. A knowledgeable attorney can help you put yourself at the best advantage to protect your rights.

What can you not do with a protection order?

Purchasing or possessing a gun. Oftentimes, protection orders will require that you forfeit any firearm or ammunition for the duration of the order, and prohibit you from purchasing or using any kind of weapon while the order is in effect.

How can I defend against a permanent order?

Your ability to defend against a permanent order will depend on having a thorough understanding of the law in your state. Refuting accusations against you will require admissible evidence and relevant arguments.

When does a justice court issue a protection order?

For a justice court to issue a protection order, the incident that gave rise to the order must have occurred in the area served by the justice court. An act of stalking or harassment occurs “where the conduct occurred” or “where the person who was affected by the conduct was located at the time that the conduct occurred.”

What is an order of protection?

An Order of Protection is a court paper that protects its holder from the abuse of someone in their family or who lives with them, including children. An Order of Protection is also known as a…. More on Order of Protection basics.

When was the order of protection last revised?

Extend the time period of your current order. The content to the right will help you learn more about this issue and how to change or renew an order of protection. Last reviewed. May 17, 2020. Last revised. May 24, 2020.

What is a court order?

A program to help you ask the court to order someone to stop harming or threatening you or other household members.

Can you contact an abuser with an order of protection?

You can contact the abuser you have an Order of Protection against. The order only forbids actions by the abuser. It does not forbid your actions. However, such contacts may result in unintended consequences. The judge may have concerns about your reasons for getting the order and whether you really need the court's protection.

What does a protection order ask for?

The protection order application asks you to list specific locations where you are seeking protection. If you are afraid to divulge that information to the adverse party, you can indicate that the information is “confidential” and not list the information in your application.

How old do you have to be to get a protection order?

You must be at least eighteen years old to apply for a protection order.

How long does a temporary protection order last?

A temporary protection order will expire no later than 45 days (15 days for protection orders against workplace harassment) after the order is signed and served on the adverse party, unless otherwise ordered by a justice of the peace. If the order is not served within 45 days after it is issued, it will expire. FYI!

What is an adverse party order?

Order the adverse party to comply with any other restriction the court deems necessary to protect the victim or any other person named in the order.

What is an extended protection order?

Overview. A “protection order” is an order issued by a court that protects a person by requiring another person to do, or not do, certain things. The order could be: A “temporary protection order,” which is an order issued by the justice court that is in effect for up to 45 days, or. An “extended protection order,” which is an order ...

How much do you have to pay for harassment?

If you are seeking an order against workplace harassment, you will be required to pay a $71 filing fee and post a bond of $100 with the court. (The court can also award costs and reasonable attorney’s fees to the prevailing party in this type of case.)

What is a parent or guardian of a child who has been the victim of a crime categorized?

A parent or guardian of a child who has been the victim of a crime categorized as harmful to minors.

Can you have contact with someone who violated a protective order?

The protective order prohibit you from having contact with this person. Unfortunately, the fact that this person initiated the contact is not a defense to violating the order. In fact, by presenting evidence that this person is the one that initiated the contact you are essentially admitting that you violated the order.

Can a judge contact you if you get a protective order?

Most judges will not tolerate a wishy washy person who gets an order from that judge because they are sooooo scared and then proceeds to ignore the judge's order themselves. That said, yes, they "can" contact you - but by doing so they sort of tell the judge they really didn't need the protective order that they were awarded and they sort ...

Is a TPO violation a violation of the TPO?

The evidence of her contacting you after the TPO was issued is neither a violation of the TPO (unless it was mutual) nor an absolute defense to you subsequently contacting her without consent over the last couple of months. There is case law in Georgia that says her prior consent and initiation of contact does not excuse subsequent contacts by you in violation of the TPO without her consent.

What happens if a petitioner asks for a restraining order?

If a person (known in the case as "the petitioner") asks a court to issue a restraining order against you because of alleged domestic violence or other domestic conflict, you are entitled to be notified of the request, to have a court hearing, and to defend yourself. (Temporary orders are an exception; see the explanation below.)

What happens if you violate a temporary restraining order?

If you violate a temporary restraining order, the petitioner can bring that up in the hearing or even file a motion alleging a violation of the order, making it even harder for you to defend against the request for a permanent order. If you and the petitioner have children together, the temporary restraining order may tell you not ...

What is a temporary restraining order?

A temporary restraining order in a domestic violence situation can restrict contact with the petitioner, as well as child visitation. A hearing for a permanent order usually follows soon. It's essential to obey the temporary order and obtain legal counsel

What is a restraining order?

Courts have the authority to issue restraining orders (also referred to as orders of protection) that require a person to stop certain behavior, such as contacting or abusing the person who requests the order. Most restraining orders are issued in connection with domestic violence or conflict in intimate or family relationships, ...

What happens if a petitioner accuses you of texting?

If the petitioner accuses you of calling or texting repeatedly, your phone records might show otherwise.

How long does it take to get a permanent order?

These hearings, to which the respondent receives notice, are usually set quickly, so you may have only a week or ten days to make decisions and prepare for the hearing.

What does it mean to destroy evidence?

destroy evidence that you think could hurt you, as this may cast you in a suspicious light with the court and can lead to criminal charges

What happens when someone gets a protection order?

When someone secures a protection order due to false accusations, there are often serious consequences. An innocent person can wind up with significant effects on his or her life, including relocating, having to change his or her daily activities to avoid the victim and losing time with his or her children.

How does a protection order help?

They play a pivotal role in preventing domestic violence. The protection order may state that the alleged abuser must cease causing bodily injury or sexual assault. Protection orders can also help protect children. Protection orders can also stop instances of false imprisonment in which a person is kept somewhere against his or her will. They often include mandates to avoid stalking or harassing the victim.

What is a protection order for domestic violence?

This is a court order that instructs the defendant not to have contact with the victim and to cease any abusive behavior toward the victim .

Why do people get protection orders?

The alleged victim may feel mistreated due to infidelity, a breakup or conduct that falls well below the level of domestic violence. In other situations, a person may want a roommate to get kicked out without having to go through lengthy eviction procedures or without worry about breaking the lease. A spouse may make false allegations regarding domestic violence to get an advantage in a family law case. Because protection orders can order such things as spousal support, child support , child custody or visitation, alleged victims may use protection orders as a shortcut around family law matters.

What are the effects of a protection order?

Other Effects of a Protection Order. In addition to prohibiting abuse, protection orders may make a number of other restrictions. If the abuser and victim live in the same house, the protection order can order the alleged abuser to move out of the home. If the court feels that the children are in danger, the alleged abuser can be forced not ...

What to do if you are falsely accused of domestic violence?

If a person is being falsely accused of domestic violence and may be the respondent in a protection order case, he or she may wish to seek immediate legal representation. A protection order has the potential to impact many aspects of the respondent’s life. A criminal defense attorney can help protect the respondent’s rights and present a defense against the allegations. He or she can prepare the respondent for the hearing in order to have the highest change of a positive outcome in the case.

How long does a temporary protection order last?

A permanent protection order may last for a year or more.

What to do if you have been served with a protection order in Colorado?

If you have been served with a protection order in Colorado, be sure to examine the order closely and familiarize yourself with its terms. There are many different ways to violate a protection order, and you must follow your terms closely if you want to avoid being arrested and charged with this type of crime.

What to do if you have been charged with violating a restraining order?

However, if you have already been charged with violating your restraining order, you still options. Contact an experienced Colorado criminal attorney as soon as possible. Your attorney may be able to demonstrate that you did not knowingly or intentionally violate your protection order, and should not be held accountable. With the help of an experienced defense lawyer, you may be able to avoid severe consequences such as jail time, hefty fines, and community service.

How to contact the alleged victim?

Typically, a protection order will bar you from contacting the person who took out the order against you in any way. This includes calling, texting, emailing, or using a social network to contact the alleged victim. Even sending a birthday or Mother’s Day card to a protected person may qualify as ...

What happens if you don't comply with child visitation rules?

Failing to comply with child visitation rules. Depending on the provisions of your order, you could be restricted in the amount of time you can spend with your children or barred from making important decisions about their life.

How to reverse a protective order?

If you believe you have been served an unjust or unlawful protection order, the only way to reverse it is by contesting the order in court with the help of an attorney.

What happens if you don't pay bills?

Failing to pay bills. Even though you may be forced to move out of your home, your protection order could order you to continue to pay mortgage, rent, insurance, or utilities for your former home. You may also be ordered to pay for household services, transportation, medical care, and childcare expenses.

What is a protection order?

A protection order can have a dramatic impact on every aspect of your life, limiting who you can speak to, the places you can go, and the things you can do. In some cases, a protection order —sometimes referred to as a “restraining order”—can keep you from entering your own home or speaking with your children.

What happens if you violate a protection order?

Violating a protection order can result in additional criminal charges. The maximum punishment depends on whether the order was a civil restraining order or a criminal domestic violence protection order, as well as whether you have a history of similar violations.

What happens if you accidentally come in contact with someone while on a protective order?

If the protected person or alleged victim approaches you while a protective order is in place, it is your responsibility to walk away, close the door, or hang up the phone. That is also true if you accidentally come in contact with them, such as shopping at the same store, or even if you misdial the phone.

How much jail time is required for a civil restraining order?

For violating a civil restraining order, the first offense is a Class 2 misdemeanor with a penalty of 3 to 12 months in jail and $250 to $1,000 in fines. Any subsequent offense can result in a Class 1 extraordinary risk misdemeanor with a penalty of 6 to 24 months in jail and $500 to $5,000 in fines.

How much jail time is a violation of a protection order?

Violating a criminal protection order is a Class 1 misdemeanor. On a first offense, you may face 6 to 18 months in jail and $500 to $5,000 in fines. Any subsequent offense is a Class 1 extraordinary risk misdemeanor with a penalty of 6 to 24 months in jail and $500 to $5,000 in fines.

What is a mandatory domestic violence protection order?

Mandatory Criminal Domestic Violence Protection Orders. When the police respond to a call for domestic violence and believe there was actual or threatened violence, certain things are going to happen every time: These mandatory criminal violence domestic orders are issued by the criminal judge assigned to the case.

What is the meaning of "in order"?

Visiting or coming near the person (or people) named in the order. Going to the person’s (or people’s) workplace or school. Contacting the person (or people) named in any way — phone calls, email, text message, or through social media. Living in a home shared with the person. Possessing a firearm or other weapon.

When do domestic violence orders start?

These mandatory criminal violence domestic orders are issued by the criminal judge assigned to the case. They start in the days immediately following the arrest — as little as the very next day — and they usually will continue until the charges result in a conviction or a dismissal. When the charges result in conviction, ...

Who can file for a protective order?

A parent, guardian, relative, caregiver, or social worker may file for a protective order in the minor’s behalf. These may be important in domestic violence cases where the children are being abused, whether living with the abuser or not, as well as to work against dating violence.

What is a good reason to obtain a restraining order?

There typically has to be a good reason to successfully obtain a restraining order, and some of these include: Domestic violence. Elder or dependent adult abuse.

What is a civil harassment restraining order?

Civil Harassment Restraining Order. These orders are much more broad concerning who the abuser or victim can be and can include less violent behavior than the abuse described above, including any kind of assault, stalking, harassment, threatening behavior, or unwanted communication.

What happens if a judge finds a defendant guilty?

If the judge finds the defendant guilty, then a permanent restraining order may be instated, which can provide provisions specific to keeping the victim safe.

What is a stay away order?

Stay away orders: The restraining order will probably have either a certain distance the defendant must keep from the victim, even if they share it with the protected person, which could include the victim’s: Home. Workplace. School.

How old do you have to be to file for a restraining order?

Those who are older than 65 or over the age of 18 with certain debilitating mental or physical disabilities may file for a restraining order against their abuser. This abuse can be be financial or physical, whether that be through neglect, abandonment, or depravation of necessities. It’s important to note that others can file for a restraining order in the name of the victim, usually requiring a conservator, attorney-in-fact, guardian, or anyone else legally qualified to do so. This would likely include restrictions on the abuser, such as:

How long does a protective order last?

This will usually happen when the police become involved in a domestic violence case where the victim needs immediate protection, but court is out of session for the time being. As such, these generally only last for 24 hours, the weekend, the holiday, or whatever time being until the court is able to again issue restraining orders.

What are the four types of protection orders?

All four types of protection orders, Anti-Harassment, Domestic Violence, Sexual Assault and Elder Abuse, were created to serve legitimate purposes; however, they are not always filed for legitimate reasons. Protection Orders can be filed out of anger, revenge, malice, mental health issues, drug problems, control, or harassment. ...

How to defend a case based on a misstatement?

The first and most important step in defending cases based on Misstatements, Exaggerations and False Accusations is knowing the “why”. Why would the other party do this? If your lawyer | attorney understands this, the rest of the case falls into place. What motivates the other party? What facts are not distorted, which ones are? What is the whole story? How is a judge or third party likely to understand it? What evidence is available? How can it be gotten? How do you and your lawyer best lay out your case? What points are best made and what ones are best left unsaid.

What is a thorough investigation?

A complete and thorough investigation tracks down all the records of a case and allows your lawyer to build a case, attack the credibility of the other party and their witnesses and arrange your facts and witnesses into a credible story. We have seen strong accusations crumble under a thorough investigation and counter-presentation … we have also seen the court willing to realign the parties (the roles are switched and the accused becomes the accuser) based on a thorough presentation of the facts, cross examination and argument. The key is to take the time to properly prepare and then know when to speak, when to wait and when to be aggressive. Cases are won and lost on facts but they can also be won and lost based on the quality of the lawyering. Do not be caught unaware. If you are going to fight a Protection Order, fight to win.