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Protection Order Defense Attorney in Cincinnati, OH
Protection orders are meant to protect against domestic violence and other crimes. Sometimes, protective – also called restraining – orders are misused and unwarranted.
A restraining order lawyer can help when someone requests a protection order against you under false or misleading circumstances. If you’re facing an erroneous protection order in Cincinnati, it’s time to contact Luftman, Heck & Associates for help. To schedule a free consultation, call 513-4338-1890 or fill out our convenient contact form.
Do I Need a Lawyer to Fight a Protection Order in Cincinnati?
You must obey the protection order or face immediate arrest and other penalties. An attorney can help you understand the terms and conditions and how you can avoid violating the order. It is helpful for you to have an objective and knowledgeable defender on your side. It’s understandable if you feel angry, frustrated, or scared. However, you cannot allow your emotions to jeopardize your life and your future.
A protection order lawyer defends you against false allegations. Luftman, Heck & Associates can fight the restraining order and protect you in Cincinnati criminal court. We know how to investigate domestic violence allegations, gather evidence on your behalf, and show the judge you aren’t a danger to your accuser.
Penalties for Violating Protection Orders in Cincinnati
A prosecutor can charge you with a crime for violating a protection order. Usually, a protection order violation is a first-degree misdemeanor. If convicted, you face up to six months in jail and fines up to $1,000. A second offense is a fifth-degree felony, punishable by six months to one year in jail and fines of up to $2,500.
The charges get worse if you’re committing a felony while violating a protection order. You could be charged with a third-degree felony and face up to five years in prison and $10,000 in fines.
Don’t risk your freedom. Even if you end up proving you’re innocent of any crime or violence against your accuser, you could end up with a permanent criminal record for violating a restraining order.
We know it’s tough to keep calm. We’ve helped many people dealing with he-said-she-said situations or circumstances that got out of hand. We want to help you move forward in life without a criminal record or tarnished reputation.
Fight a Protection Order, Don’t Violate it
There are ways to get a protection order dismissed. They rely on an experienced lawyer gathering evidence and presenting a convincing argument to the judge. You don’t beat a protection order by ignoring it and violating its terms.
Even if you think that the order is unfair, knowingly and intentionally violating it makes you look bad in court. Your accuser will tell their attorney, prosecutor, or the Domestic Violence Unit if you attempt to contact them. Your behavior can transform a temporary order into a five-year order, making it harder to beat the criminal charges.
We Defend Against Protection Order Violations in Ohio
If someone is accusing you of violating a criminal or civil protection order, you should call a lawyer immediately. You can’t objectively defend yourself against these kinds of allegations. You need someone with legal experience and proven results to fight on your behalf.
Our attorneys at Luftman, Heck & Associates, get to know you and your situation. We immediately investigate the allegations and gather evidence. We obtain proof of your actions and your character to fight an unwarranted restraining order.
Temporary Protection Orders
A judge can issue a Domestic Violence Temporary Protection Order or a Criminal Protection Order during a criminal case, depending on the relationship between the parties and the charges involved. Temporary protection orders are also possible when you’re facing civil charges. In either case, they last until the civil or criminal matter is resolved.
If you’re the subject of a temporary protection order, do not violate the order. It can feel unfair, but now is the time to call a lawyer and take steps to prevent a long-term order against you.
Criminal Protection Orders
Only the alleged victim may request a criminal protection order. An alleged victim in your family or household can seek a restraining order for any violent offense. If they are not a family or household member, the court may issue one for any of the following crimes:
- Felonious assault
- Aggravated assault
- Aggravated menacing
- Menacing by stalking
- Aggravated trespass
An alleged victim may request a protective order at any time during a criminal case. However, they are often issued at the arraignment. It’s frustrating if the judge grants the protection order, but it’s not a guilty finding. A protection order is only one part of the entire proceedings. You will have the chance to defend yourself.
Civil Protection Orders
The Domestic Relations Court issues a civil protection order when there are allegations of domestic violence between family or household members. This type of restraining order is valid for up to five years and can have significant consequences. An alleged victim can ask for a civil protection order in addition to a criminal protection order. An attorney can help defend you in Domestic Relations Court and criminal court.
If you’re subject to a protection order, the court may require you to:
- Leave your home and turn it over to someone else in your family or household
- Give up physical custody of your children temporarily
- Continue providing financial support to those you lived with – if previously required to by law
- See a counselor
- Not go within 500 feet of the alleged victim or enter their home, school, business, or place of employment
- Not contact the alleged victim in any way, including by telephone
The court can also grant any other relief it thinks is fair.
Civil Stalking Protection Order
The General Division of Common Pleas Court issues this type of protection order to protect alleged stalking victims. The order tells the suspected stalker to stop their behavior. This order can last five years and be renewed for another five years like a civil protection order.
Protection Order Hearings in Hamilton County
If you’re facing a civil protection order, you’ll go to the Domestic Relations Court at 800 Broadway Ave., Cincinnati, Ohio. If you have questions, you can call 513-946-9000.
For criminal charges and criminal protection orders, your case will go through the Municipal Court (misdemeanors) or the Court of Common Pleas (felonies). The courthouse is at 1000 Main St., Cincinnati, Ohio.
Courthouse staff cannot give you legal advice. It is in your best interest to have an attorney with you to ensure your rights are protected and you do not legally jeopardize yourself.
Call a Cincinnati Protection Order Attorney Today
It can be overwhelming when someone wants a restraining order against you for charges of domestic violence, stalking, or criminal behavior. A restraining order defense lawyer with Luftman, Heck & Associates can defend against false protection orders and wrongful allegations of violating a protection order.