When a judge issues a protective order, that decision indicates that a serious set of circumstances exist that the judge believes endangers the life and safety of one or more individuals. These court orders are intended to protect to the rights of a person against threats or additional acts of abuse and violence by prohibiting contact and communication between the alleged victim and the abuser. Protective orders are typically issued in domestic battery cases. The allegations necessary to sustain and justify this kind of court action are significantly serious and should not be ignored.

While a protective order is a civil matter, it is still carries far-reaching consequences that can become criminal in nature if the terms of the protective order are violated or ignored. An article in the Northwest Indiana Times highlights a Lake County councilman’s repeated violations of a protective order obtained by his wife and a judge’s option to punish him. The councilman is on suspicion of criminal domestic battery and invasion of privacy charges related to allegations of strangulation and improper communications by his wife. The judge opted not to revoke his bond, which would have put him jail, and instead ordered him to attend anger management classes. This defendant may have escaped jail, but others in this situation will not. Consequently, it is important to understand what a person faces if he or she violates a protective order, especially if the parties share children, because these allegations normally affect custody and parenting time decisions.

Contempt of Court

A party who has a protective order to prohibit contact has the ability to petition the court to issue a contempt of court order if/when the party presents sufficient evidence that the defendant is intentionally violating the terms of the order. If the court finds a willful violation of the protective order occurred or is occurring, it can issue a warrant to compel the defendant to appear and explain the circumstances. If the court remains convinced the defendant acted in willful defiance of the protective order, it has a number of options aimed at coercing the defendant to comply. Commonly, the defendant is ordered to post a bond to avoid jail time that will be forfeited if additional violations occur, and the court can also impose additional restrictions to the protective order.

Invasion of Privacy

The most common crime charged for violations of protective orders is invasion of privacy. If a person named in a protective order for domestic or family violence has violated its terms, he/she is guilty of a misdemeanor and subject to probation, jail time up to one year, and a fine of up to $5,000. Note this charge will be elevated to felony if there are prior convictions for similar actions and imprisonment could extend to one and a half years.

Stalking

Criminal charges of stalking are also used in situations involving violations of protective orders. Stalking includes “repeated and intentional harassment of another person” that is intended to cause and causes the victim to feel frightened, intimidated, terrorized, or threatened. Charges of stalking that relate to protective orders are automatically considered a higher level felony and subject to longer prison terms.

Talk to a Lawyer

If you are facing a protective order or already have one issued against you, it is time to speak with a criminal law attorney who can defend you and protect your rights. Christopher L. Arrington represents clients in the Indianapolis area and can help you with your case. Contact him to schedule an appointment.