If a defendant makes any type of contact with the filing party, or violates any of the provisions of the Order that the Judge imposed, then he can be charged with Violating the Order of Protection / Injunction Against Harassment, a class one (1) misdemeanor.
Contact our office if you have been charged with Violating an Order of Protection in Phoenix, Arizona or anywhere in the valley (Scottsdale, Gilbert, Mesa, Chandler, Glendale, Tempe, Avondale, Goodyear, Surprise, Peoria). You can reach us 24 hours a day, 7 days a week at (602) 307-0808 for a Free Initial Consultation. Punishment for Violating an Order of Protection
The punishment for Violating an Order of Protection includes immediate arrest and being held in custody until a judge makes a determination regarding release conditions. If convicted, a class one (1) misdemeanor carries a punishment of up to six (6) months in jail. In addition, the judge can impose a fine of up to $2,500.00 plus an 84% surcharge.
Defenses for Violating an Order of Protection
There are no really strong defenses to a violation of an Order of Protection / Injunction Against Harassment besides denying that the activities the defendant did were a violation of the Order. Many defendants assume that their activities are okay if the so-called victim “invited” the defendant over to meet with them. However, this is the Judge’s Order, and not the alleged victim’s order. This means that if the boyfriend / girlfriend (or husband / wife) patch things up, the alleged victim must go to the court and seek a withdrawal of the Order of Protection.
Many times what will occur is that a couple thought they had patched things up and resume their relationship, only in to engage in a loud argument, which results in the neighbors calling the police. When the police arrive, a computer check on both individuals is run and the Order is found and the defendant is arrested. The defendant is not released from arrest even if the girlfriend or spouse tells the police that they were the one who invited the defendant over.This is where it is necessary to have a good negotiator represent you. We have been successful in convincing prosecutors to drop the charges once we have explained the entire situation. Normally, we need to first get the original Order or Injunction “lifted”, then we sit down and speak with the prosecutor. The reputation of the lawyer you choose to defend you is critical in these situations.
Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Arizona, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements.
In addition, the “denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled lawyer to defend you who has knowledge of all the possible defenses to assert in your case.
The 17 Best Violating an Order of Protection Defenses
Why Hire a Board Certified Specialist?
When facing allegations of violating an order of protection, also known as a restraining order or protective order, enlisting the expertise of a Board Certified Criminal Law Specialist is crucial. Violating a protection order, especially in the context of domestic violence cases, can lead to severe consequences, making it imperative to have a skilled professional who specializes in this area of law. A Board Certified Specialist possesses a deep understanding of the legal intricacies surrounding protection order violations and has the experience to craft a strategic defense tailored to your specific circumstances.
Protection order violations involve complex legal matters that extend beyond the typical criminal charges. These cases require a nuanced approach that addresses both criminal law and the intricacies of court-ordered protection. A criminal defense lawyer who specializes in protection order violations, such as those at our firm, is equipped to scrutinize the details of your case, assess the evidence, and navigate the legal complexities involved. Their expertise extends to challenging the validity of the protection order itself, ensuring that your rights are protected throughout the legal process.
The ramifications of protection order violations can be significant, affecting not only your legal status but also your personal and professional reputation. A Board Certified Criminal Law Specialist is well-versed in the nuances of protection order violations and the potential defenses available. By hiring a specialist, you are investing in an advocate who understands the complexities of these cases, has a proven track record in handling protection order violation matters, and will work diligently to achieve the best possible outcome for your situation. With your future on the line, entrusting your defense to a specialist maximizes your chances of mitigating the consequences of protection order violations.
The effects of a Order of Protection conviction can be devastating. Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant. This can involve Lifetime Probation; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.
Mitigation
When it comes to “Mitigation” regarding a charge of Order of Protection, it is important to start that process right away. Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file. In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.” The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.
Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background. This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc. Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences. Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.
