What Happens if I Violate a Domestic Violence Restraining Order in Phoenix?

Being charged with domestic violence in Phoenix is a serious crime. The penalties for a domestic violence charge can be severe. Your legal rights regarding gun privileges and the ability to exercise child visitation could be negatively impacted. You could face probation, jail time and mandatory counseling. If you are being investigated for or charged with domestic violence you need a Phoenix criminal defense lawyer immediately.

In some cases, before a judge hears your case, the court may grant a domestic violence restraining order. Even though a restraining order may be disruptive in many ways and you may feel unfairly prosecuted for something you did not do, you must treat a domestic violence restraining order seriously. Violations of a restraining order can be punished with severe penalties because protective orders are considered a precautionary measure to protect a victim. The court views violations of these orders extremely harshly.

If you have received notice of a domestic violence restraining order or if you are accused of violating an order, contact our Phoenix criminal defense lawyer immediately. We will explain your rights and obligations under the order, how to avoid violating the order, and options for assisting you in having the restraining order removed.

What Happens if I Violate a Domestic Violence Restraining Order in Phoenix?

Restraining orders are usually issued to protect a person from being abused, harassed, threatened, or stalked by another person. The purpose is to restrict another person’s activities to protect the victim. The order may include several restrictions such as not coming within a certain distance of the victim and prohibiting any contact, including not showing up at the person’s home, place of employment, or school.

In Phoenix, an Emergency Order of Protection (EOP) can be issued by a judicial officer that is valid for one day. The EOP allows the victim to file an action with the court to request a Permanent Order of Protection. In either case, you must abide by the terms of the protection order, whether or not you agree with the restraining order. The best course of action for you is to contact a Phoenix criminal defense lawyer to discuss fighting the domestic violence restraining order that was unjustly obtained by someone against you.

What Happens if I Violate a Domestic Violence Restraining Order in Phoenix?

If you violate any of the terms of the restraining order, you can be charged with a Class 1 misdemeanor. You can be immediately arrested and incarcerated for an alleged violation of the protection order until a judge determines if you may be released and under what conditions you may be released from jail. The penalty for a conviction of a violation charge is up to six months in jail. In addition to a jail sentence, the judge may also impose a fine of up to $2,500 with an 84% surcharge.

If you are arrested for violating a domestic violence protection order, exercise your right to remain silent. Do not argue with the police officers or try to “explain” how you are not in violation of the order. You need to contact an experienced Phoenix criminal defense lawyer who can help you fight the charges to protect your freedom.

Contact a Phoenix Criminal Defense Lawyer for More Information

You can fight a domestic violence restraining order and allegations of violations of the order. Contact our firm to speak with a Phoenix criminal defense lawyer to discuss your legal rights and your options for defending yourself against criminal charges.