When served with a restraining order—sometimes referred to as a personal protection order (PPO)—one must refrain from contact with a specific person. The order contains detailed information regarding prohibited actions and behaviors concerning the person seeking protection. Any violation of the restraining order results in serious consequences under Michigan law. A simple mistake can land you in jail, cost you fines, or possibly both.
If you’re charged with violating a restraining order, it’s crucial to contact an Oakland County restraining order lawyer without delay to protect your rights and work toward the best possible outcome for your situation. At Michigan Defense Law, our lawyers can examine the details of your case, build a strong defense strategy tailored to your specific circumstances, and advocate for your rights in court. Don’t face the challenges of the legal process alone—make the call today at (248) 451-2200 and secure the support you need during this difficult time.
Types of Restraining Orders
A restraining order is a court order for one person to stop violence or threats against another person. The order requires a signature from a judge, and once served, it is enforceable anywhere within the United States. There are two types of restraining orders:
Domestic – For a domestic restraining order, the person served must include one of the following:
- A spouse or former spouse
- Someone you are dating or someone from a past relationship
- A person who lives with you or who lived with you at one time
- Someone with whom you have a child in common
Stalking – A stalking restraining order protects a person whose behavior and actions consist of two or more acts done without your consent. Examples of conditions that may qualify include ones that make a person feel:
- Threatened
- Harassed
- Frightened
- Molested
There are certain situations where a restraining order is not an option. A minor child, for example, cannot get an order against a parent. The same is true with a parent obtaining one against their minor child. In cases such as these, it is best for all parties to contact the Juvenile Division of Family Court.
| Restraining Order Type | Description |
|---|---|
| Domestic | A court order that requires one person to stop violence or threats against another person with whom they have a domestic relationship, such as a spouse or former spouse, someone you are dating or had a past relationship with, a person who lives or lived with you, or someone with whom you have a child in common. |
| Stalking | A court order that protects a person from someone whose behavior and actions consist of two or more acts done without their consent, making them feel threatened, harassed, frightened, or molested. |
What to Do When Served With a Restraining Order
You may receive a restraining order from a member of law enforcement, a process server, or by certified mail. Once the petitioner—the one seeking the order—learns that you have the order, they must then file a “proof of service” with the court clerk.
As the respondent—the one the petitioner is seeking protection from—it is important to read, and to understand, the order. Many restraining orders are initially temporary and last for 182 days. A court date for going before a judge at the end of the 182 days is usually set during the initial stages of the restraining order process.
Paying attention to the details of the order and scheduled court dates is crucial to avoiding violations and ensuring you do not miss court. While receiving a PPO may be upsetting, it is important to remain calm when served with one. It is equally important to contact an Oakland County restraining order lawyer as soon as possible. An experienced lawyer can help you understand the order and assist with your upcoming court appearance.
When You Violate a PPO
A restraining order is a civil order—not a criminal order. The matter can quickly turn criminal if you violate the conditions of the order. Under Michigan law, an individual faces police custody if they violate one or more acts specifically prohibited in the order. This may include:
- Assaulting, attacking, beating, wounding, or molesting a named individual
- Removing minor children from an individual with legal custody of them
- Entering onto a forbidden premises
- Threatening to kill or to physically injure a named individual
- Purchasing or possessing a firearm
Additional violations exist and may depend upon the nature of your PPO. No matter how you violate the order, either intentionally or accidentally, you face a criminal charge of contempt of court. If found guilty, the court may sentence you to as much as 93 days in jail, fine you up to $500, or choose both types of penalties.
After your arrest, it is your right to appear before the district court within 24 hours. Michigan law requires that the court set a reasonable bond and set a hearing for the alleged restraining order violation. The hearing shall occur no later than 72 hours after an arrest unless extended by a court motion by the individual charged, their defense lawyer, or the prosecutor.
Violating a restraining order is easier than you may think. For example, if the order prohibits contact with the petitioner—yet the petitioner agrees to contact—any contact is a violation of the court order regardless. One slip-up can land you in jail, resulting in missed time from work, possible job loss, and time away from family and friends.
First Offense Violation of Restraining Order
Violating any of the terms of a protection order can result in immediate arrest without the need for a warrant. If you are arrested due to a breach of a personal protection order, you can face charges of contempt of court and will be promptly presented before a judge, approximately within 24 hours. During the initial hearing, you will be informed of the contempt charge, and a subsequent court date may be scheduled within 72 hours. If your sole charge is contempt, it is likely that you will be released on bond until the show cause hearing. The person protected by the order will be notified of your release during this time.
To safeguard subjects of protection orders, courts take violations like these very seriously. They understand that such violations may indicate a potential for more severe violence, and therefore aim to intervene promptly to prevent further harm. Often, these violations occur within relationships characterized by deep connections, whether current or past. The presence of this connection between the alleged aggressor and the victim makes these legal proceedings particularly challenging.
If you are facing charges for violating a restraining order, it’s crucial to consult an Oakland County restraining order lawyer with extensive experience. At Michigan Defense Law, our lawyers can provide personalized advice based on the details of your case and guide you through the legal process effectively. Schedule a consultation today to discuss your situation and explore your legal options.
Legal Defenses Against Restraining Order Violation Charges
In dealing with charges of violating a restraining order, understanding your legal defenses is crucial. A charge indicates only that an allegation has been formally made, not that you have been proven guilty. Here are some defenses that may be relevant if you are facing such accusations:
- Failure to Receive Notice: If you were not properly informed about the restraining order, this could be a strong defense. You must have been aware of the order to be held accountable for violating it.
- Mistaken Allegation: You can argue that you did not commit the violation at all. This may involve demonstrating that the claimant is mistaken or has falsely accused you.
- Accidental Violation: If the violation did happen, demonstrating that it was accidental can help mitigate the situation. This is particularly applicable if you were unaware that you were breaching the order, such as unknowingly being in the same location as the protected person.
- Induced Violation: There are instances where the protected person themselves might invite or provoke the violation. Proof of such inducement can significantly weaken the case against you.
- Lack of Harm: Demonstrating that the violation did not result in any harm or danger to the protected individual can also be a persuasive defense, potentially leading to reduced penalties.
Each defense requires careful consideration and is best handled with the guidance of a competent Oakland County restraining order lawyer, who can address the specifics of your case and formulate a strong defense strategy.
Contact an Experienced Oakland County Restraining Order Lawyer for Guidance and Defense
What starts as a civil matter can quickly escalate into criminal charges when you violate a restraining order. It’s crucial to adhere strictly to the specific conditions of the order to avoid serious legal consequences, such as contempt of court charges. Violating any part of the order, including contacting the petitioner, can lead to significant repercussions.
Once a judge issues a restraining order, your response is critical. Keeping your emotions in check and consulting a skilled attorney immediately can help you handle the legal process effectively. If you are accused of violating the order, a lawyer can assist in addressing the situation and defending your actions before the court.
Scheduling a consultation with an experienced criminal defense attorney allows you to understand how your case will proceed through the courts, learn about important deadlines, and identify potential pitfalls. During your free consultation, you will also discover possible defenses for your case and the potential penalties if convicted.
A restraining order can severely impact your relationships and your professional life. Protect your legal rights, reputation, career, and personal relationships by ensuring you fully understand the law. An experienced restraining order lawyer can help you determine the best course of action. If you have additional questions or are involved in a petition for a restraining order, consider reaching out to a trusted attorney.
Violating a restraining order can lead to serious legal consequences, including criminal charges and potential imprisonment. It is essential to take these orders seriously and adhere to the restrictions outlined to avoid further legal complications.
If you find yourself in a situation where you have violated a restraining order, seeking the assistance of an Oakland County restraining order lawyer is crucial. At Michigan Defense Law, attorney Paul J. Tafelski and our team can provide valuable support, guide you through the legal system, and work toward the best possible outcome for your case. Contact us today at (248) 451-2200 to schedule a consultation.
