Protective Order Violations
Family law section 4-509 makes it illegal for any person to fail to comply with any type of protective order. A failure to comply could be classified by a number of actions including showing up at a person’s house, intentionally approaching them in public, or even calling them. The problem with this offense is that it has the potential to be abused by the person who requested the order in the first place. We have seen numerous cases where the person with the order falsely accuses a boyfriend, girlfriend, spouse, or family member of violating a protective order. This is far from a laughing matter, as a violation of this law is a misdemeanor that carries up to 90 days in jail for a first offense and a $1,000 fine. Repeat offenders face up to a year in jail and a $2,500 fine, which makes it extremely important to hire an attorney who understands these harsh laws, and has experience dealing with these cases. Under this particular family law section the police do not need a warrant to arrest a suspect. Rather they simply need probable cause to arrest, which is an extremely low standard considering how easy it is to falsely accuse someone.
Another thing that is important to understand is that a violation of a protective order is a separate and distinct crime, and can be charged along with any other type of domestic offense. A person who is accused of assault may also be charged with the violation of a protective order, and additionally may be sentenced consecutively. Benjamin Herbst is the president and founder of The Herbst Firm, and is a skilled and experienced domestic crimes lawyer who has handled numerous protective order cases. He knows how damaging a simple accusation can be, and does whatever it takes to assure the best possible outcomes for his clients. If you or a loved one has been charged or is being investigated or accused of violating a protective order contact Benjamin today for a free consultation. We are available 24 hours a day to discuss your case, and offer affordable payment plans for representation in all cases.