If you have been charged with domestic violence, your alleged victim may seek a restraining order (legally called a Temporary Protection Order) to prevent you from contacting him or her while the criminal case is pending. If the TPO is granted, you will be required to follow the injunctions in the order—such as staying away from your shared home or having any contact with the alleged victim—until the court case is over.
The Dangers of Violating a Temporary Protection Order
You may believe that a protection order against you is not necessary, or you just want to talk to the alleged victim to clear up the misunderstanding. However, it is vital that you follow the provisions of the order until your case is resolved.
A failure to follow the terms of a restraining order can result in:
- Jail time and fines. Violating a restraining order is a criminal offense. You may be charged with a separate crime punishable by up to six months in jail and a $1,000 fine.
- Longer and harsher restrictions. When the criminal case is over, the alleged victim can extend the restraining order by filing a Civil Protection Order that may stay in effect for a further five years. On the other hand, if you follow the rules, the TPO will expire at the end of the case.
- The judge likely won't look favorably on you at trial. The filing of a TPO can complicate your defense, but violating it poses additional problems. If you are convicted of domestic violence and violating a protection order, the judge may impose a Criminal Protection Order evicting you from your home and awarding temporary child custody or temporary support to the domestic violence victim.
Are you or someone you know facing domestic violence charges?
If you are facing domestic violence charges, you need to speak with an experienced domestic violence attorney as soon as possible. The Law Offices of Steven R. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U.S. News' Best Law Firms. Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation.