Violation of Protective Orders is simply described as the unwillingness to follow protective, permanent preliminary order issued by the authority. It is also described as a direct disobedience to a temporary or permanent restraining order.
Most people place restraining orders for several reasons, either for security reasons or for denial of access. When you are faced with any of them, you are strongly advised to keep your distance. Coming any closer could land you into serious trouble.
If the offender has been served a fax or an email regarding this restraining order by a judge, law enforcement officer, or magistrate and they go against it, it is seen as an offense.
Most times, a former spouse may ask for a protective restraining order to create distance between you and them. Once you are given this restraining order you are advised to stay clear.
Laws guiding against Violation of Protective Orders in Jefferson Parish
- One should not be caught going against any protective orders given by the authorities of Louisiana. If caught, there will be serious penalties attached to it.
- When given a temporary or permanent restricting order, you should obey that restricting order if you do not want to get arrested. Temporary or permanent restraining orders are often given for the protection of lives and property.
- The willful disobedience of an order issued by either a federal, state, or municipal judge, that you stay away from a certain number of people based on security reasons is an offense.
- The willful disobedience of an order issued by a magistrate, federal, state, or municipal judge to stay awake from people as a condition for the release of the defendant is an offense.
- The willful disobedience of a protective order given by the court as a condition for release on probation.
What situations can make me get punished for the Violation of Protective Orders?
When it comes to the Violation of protective orders, there are a lot of things you can do that will make you face the full penalties. They include
- Disobedience to protective orders given by the federal, state, or local judge in Jefferson Parish.
- Failure to keep to the terms of your agreement. Keeping your end of the protective order is a sure guarantee of release custody.
- Failure to keep off from individuals who have already signed a protective order against you.
- When you decide to travel to another country that has certain travel restrictions against you.
- Trying to cross certain people’s boundaries without having a strong connection.
- Being caught violating protective orders carrying a weapon or a firearm
Possible penalties of Violation of Protective orders in Jefferson Parish
- If once is caught in temporary restraining order, the least the law enforcement can do is to issue a summon to you.
- On the first conviction of the violation of protective orders, if there is no evidence of violence or battery to the person being protected by the order, then the offender who face at most 6 months in prison and would be made to pay 500 dollars in gives.
- On the second conviction, if there is also no case of battery against the person being protected off by the order, the offender shall labor one thousand dollars regardless of whether the current offense happened before to he earlier conviction or after.
You will also be subjected to two years of imprisonment with or without hard labor. If you are given a benefit of parole or suspension, the court would require you to attend a domestic abuse intervention program.
- When one is convicted with violation of protective order and there is a case of the battery as the person being protected by the order, then the offender would be required to pay a fine of two thousand dollars or serve at most 5 years imprisonment with or without labor. You will also be required to attend a domestic violence intervention program if there is a chance of parole or suspension. In cases like this, at least one year into the sentence will be without parole.
What do I do if charged with a violation of protective order?
When you have to deal with cases like this, it will always end up badly for you if you do not seek to help of a professional criminal defense attorney. Getting a good criminal defense attorney is the right step you need to take to ensure that you gain your freedom within the shortest time possible.
When you are faced with a situation like this, you do not need to panic. At all costs, try your best not to resist arrest because if you do, it could end up badly for you. At this point, a lot of prosecutors will be on your case, the best thing to do is to seek the best counsel immediately. One thing you need to know if you are not familiar with the law is that you always have the right to an attorney whenever you are arrested. So, get one for yourself.
Getting the Best Legal Help in Jefferson Parish?
When it comes to getting the best legal help, there is one firm you can trust in Jefferson and that firm is Barkemeyer Law Firm. Barkemeyer Law Firm is a Firm with a mark of excellence and outstanding delivery when it comes to dealing with cases like this.
Over the years, they have helped a lot of individuals caught up in this type of case to gain clarification and freedom. They will always be there to help you.
Barkemeyer Law Firm is one of the most trusted criminal defense attorneys in Louisiana, especially in Jefferson Parish. You will always be sure to get the best when needed.
3900 N. Causeway Blvd., Suite 1200
Metairie, LA 70002