Are you being charged with violating a protection order in Ohio? Every day in Ohio, there are many individuals who are charged with violating a protection order. Protection orders are often filed out of anguish and in response to complicated, painful situations involving family members or individuals with whom you are close. If you have been accused or charged with violating a protection order, this can further escalate already contentious, stressful situations.
Violating a protection order is a serious criminal offense that is not treated lightly by the court system. If you are convicted for violating protection order you will face misdemeanor or felony charges. You will face extensive prison time and exorbitant fines in addition to long term negative consequences such as permanently being on your criminal record, difficulty keeping or finding a job, and maintaining custody of your children.
Regardless of what happened in your case, it is understandable that you are probably scared and overwhelmed by the violating protection order charges that you are currently facing. You do not have go through this experience alone. The Cincinnati Criminal Defense Attorneys are here to provide their expertise, understanding and legal counsel to help you deal with the violating protection order charges that you are facing. The sooner you consult with a Cincinnati Criminal Defense Attorney, the better, as they will work diligently to achieve the most favorable outcome for your case. This could mean the difference between serving less prison time to a complete dismissal of the violating protection order charges altogether.
In domestic violence cases <link to domestic violence offenses> in Ohio, there are two kinds of protection orders that fall under the violating protection orders offense as defined by the Ohio Revised Code (ORC 2919.27).
Temporary Protection Orders
The purpose of filing a temporary protection order is for victims to get immediate protection from their offender. The victim must prove to a judge that they are in immediate and present danger and they will be subject to domestic violence if a temporary protection order is not granted. If the temporary protection order is granted, it will prohibit the defender from contacting the victim in any kind of way.
A temporary protection order can last until the criminal case is resolved. If you are eventually seeking a civil protection order, the temporary protection order will until you have a hearing for the civil protection order.
Civil Protection Orders
The purpose of a civil protection order is to prevent further domestic violence and to protect those who have been or are victims. Civil protection orders in Ohio tend to offer greater protections than temporary protection orders. They can be filed whether or not criminal charges occurred. They can also last for any period up to five years and can be renewed.
Essentially a civil protection order functions by prohibiting any family or household member from having any kind of contact with you after an incident or threat of domestic violence. If a family or household member obtains a civil protection order against you, you may be required to leave your house and prohibited from coming within 500 feet of the individual who filed the order.
The following actions may be mandated by a civil protection order:
- That you abandon your home or grant possession of your home to someone else in your family;
- That you relinquish custody of your children temporarily;
- That you continue providing financial support to your family or individuals that you live with if you were previously legally obligated to do so;
- That you see a counselor;
- That you abstain from going in the home, workplace or school of the individual or victim who filed the protection order;
- That you make any kind of accommodations that the court determines to be important.
It is important for both the individual who filed the protection order and the offender to both respect the civil protection order by adhering to the restrictions established by the court. Either party can initiate a violation of the protection order.
Violating Protection Order Penalties
Violating a protection order whether it is temporary or civil will lead to criminal charges and potentially a conviction. The penalties that you will face
If you are convicted of violating protection order in Ohio, you will typically be charged with a first degree misdemeanor. This charge entails a maximum jail sentence of up to 6 months in addition to paying up to $1,000 in fines.
If you are convicted of violating protection order and you have previously been convicted, plead guilty or deemed a delinquent child for a comparable violation, then you will be charged with a fifth degree felony. This charge entails at least six months and up to a year in jail and fines up to $2,500.
If you are convicted of violating a protecting order or consent agreement while committing a felony offense, you will be charged with a third degree felony. This charge entails a minimum of one and up to a maximum of five years in prison in addition to paying up to $10,000 in fines.
Other Consequences of Violating Protection Orders
Violating protection orders Ohio involves harsh and unforgiving consequences in addition to extensive prison time and exorbitant fines and fees. Due to the serious nature of violating protection order offenses, this charge could potentially be on your criminal background for the rest of your life.
If you are convicted of a violating protection order offense in Ohio, other areas of your life will likely be profoundly impacted in a negative way. You may face having a reputation in your community as an untrustworthy and dangerous criminal. You may also face difficulty keeping or finding a job, furthering your education, difficulty financially, obtaining loans, maintaining professional licensures and keeping custody of your children.
If you are facing violating protection order charges, it is imperative that you immediately contact the Cincinnati Criminal Defense Attorneys. A violating protection order charge can be an overwhelming and anxiety inducing experience, and you do not have to go through it alone. Although every case is different, it is crucial that you obtain an experienced, knowledgeable and compassionate attorney as soon as possible who will fight vigorously for your legal rights and best interest. The sooner you speak with an attorney, the better your options will be regarding your sentence. The Cincinnati Criminal Defense team has successfully defended hundreds of individuals charged with violating protection orders. Their knowledge, experience and compassion for your case will help you receive the justice you deserve.