Breaking Order of Protection: Legal Consequences and Defense Techniques for the Falsely Accused

Potential Legal Consequences of Breaking an Order of Protection for the Falsely Accused

1. Arrest and Detention: Law enforcement may take a person into custody if they are suspected of breaking order of protection. Even if the charge is untrue, the person may be detained until a court can rule on their guilt or innocence.
2. Criminal Charges: Disobeying an order of protection is illegal. If the person is found guilty, they could face several charges, including:

• Misdemeanor: A less serious crime that may result in jail time, fines, or probation.
• Felony: A more serious offense that carries a substantial prison sentence or even life imprisonment.
• Civil Penalties: In addition to criminal proceedings, a person who breaks an order of protection may be subject to civil fines, including:

3. Monetary Damages: The person who sought the order of protection may be entitled to receive compensation from the violator.

• Injunctions: The court has the authority to issue an injunction that prohibits the violator from contacting or approaching the protected person within a specified distance.

4. Impact on Housing and Employment: A criminal conviction for violating order of protection may significantly affect a person’s housing and employment opportunities. Many businesses and landlords may hesitate to hire or rent to someone with a criminal record.
5. Psychological Stress: Being wrongfully accused of breaking order of protection can be extremely distressing and emotionally devastating. This may lead to various mental health issues, including anxiety, post-traumatic stress disorder (PTSD), and depression.

Key Defense Strategies

1. Gather Evidence:

• Document Everything: Maintain a detailed log of all your contacts, whereabouts, and conversations related to the alleged violation.
• Recruit Witnesses: If possible, identify individuals who can testify to your innocence.
• Preserve Digital Evidence: Retain any emails, texts, and social media posts that may be relevant to your case.

2. Consult with a Legal Professional:

• Seek Professional Advice: A knowledgeable lawyer can help you navigate the court system, defend your rights, and develop a strong defense.
• Understand Your Options: Discuss potential defenses, such as:
• Lack of Knowledge: If you were not aware of the terms of the protective order.
• Accidental Violations: If the violating order of protection was unintentional or accidental.
• Self-Defense: If you violated the order to protect yourself or others.

3. Challenge the Validity of the Protection Order:

• Examine the Original Submission: Review the evidence that was presented when the protective order was initially requested.
• Identify Weaknesses: Look for discrepancies or a lack of credible evidence in the original case.
• Request Modification or Dismissal: If the order was obtained unfairly or without proper cause, you may be able to have it modified or dismissed.

4. Negotiate with the Accuser:

• Explore Alternatives: In some situations, it may be possible to negotiate a settlement with the accuser.
• Consider Mediation: An impartial third party can facilitate communication and help reach a mutually agreeable resolution.

5. Prepare for Trial:

• Gather Evidence: Continue to collect any additional evidence needed to strengthen your defense.
• Practice Testimony: Prepare your responses to potential questions from the prosecution.
• Build Your Case: Work with your lawyer to develop a strong case that demonstrates your innocence.

The Importance of Legal Representation

1. Comprehensive Investigation: A lawyer will conduct a thorough investigation to gather evidence and identify any discrepancies in the accusations against you, which is essential for building a robust defense.
2. Understanding Your Rights: Lawyers are professionals in court procedures and can ensure that your rights are upheld at all times. They can help you make informed decisions by explaining your options.
3. Plea Bargaining and Negotiation: In some cases, a lawyer may be able to negotiate a favorable plea deal with the prosecution, reducing the negative impact of the charges.
4. Trial Preparation: If your case goes to trial, your attorney will assist in preparing your defense, including gathering evidence, interviewing witnesses, and developing a strategy for presenting your case.
5. Post-Conviction Relief: Even if you are convicted, a lawyer can help you explore options for reducing your sentence or appealing the decision.

With over 50 years of combined legal experience, our attorneys at The Law Offices of SRIS, P.C. bring unparalleled knowledge and experience to every case. Being accused of breaking order of protection is a serious charge that can have life-altering consequences. If you are falsely accused, it is crucial to act swiftly to build a strong defense. Gathering evidence, challenging the validity of the order, and demonstrating a lack of intent can all be critical steps in protecting your rights. Consulting with an experienced lawyer can provide the guidance needed to navigate this complex situation. By following these steps, you can protect your future and ensure that justice is served. Contact us today.