Violation of Protective Orders
A protective order is a court order enforced by the law, it can only be granted where a trier of fact finds that the petitioner is in an abusive environment or is in imminent danger of being abused. Additionally, the protective order is filed by a victim of domestic or family violence, harassment, or spousal abuse. The petitioner of a protective order must demonstrate evidence and the alleged offender must be defined as a cohabitant as stated in Utah Judicial Code §78B-7-102.
Per Utah Code of Criminal Procedure §77-36-2.4, an alleged perpetrator faces criminal charges if he or she knowingly or intentionally violates an ex parte protective order or protective order. That is to say that the law enforcement officer is allowed to arrest the alleged perpetrator without a warrant, if the alleged perpetrator has violated any of the provisions of the protective order or ex parte protective order. Violating a protective order is a serious offense in the state of Utah. Despite any justifications you may provide, violating a protective order can result in time in prison, expensive feeds, and additional charges on your record. Speaking with a criminal defense attorney can mean the difference between a felony and a misdemeanor.
An experience and highly qualified defense attorney can represent you, protect your rights, investigate and determine if a mistake was made. Having an experienced defense attorney by your side is crucial when you are facing any legal matter.
Salt Lake City, UT Protective Orders Violation Defense Attorney
If you have been issued a protective order, it is imperative to seek legal counsel to understand how it can affect you. It is crucial to know the terms and be aware in order to ensure that you do not violate the order. Nevertheless, if you have violated the conditions of a protective order or believe there is probable cause to find you in violation of a protective order, speaking with a skilled defense attorney as soon as possible can make a difference. An experienced defense lawyer can provide you with the legal resources necessary based on your case and file a request to have the protective order dismissed.
Susanne Gustin is a defense attorney with years of experience in domestic violence cases. She takes the time to address her client’s questions and concerns, providing them with their legal options and resources. For free consultation to discuss your legal strategy, call Susanne Gustin Attorney at Law at (801) 243-2814.
Susanne Gustin Attorney at Law serves clients in Salt Lake City, Davis County, Midvale, Riverton, Taylorsville, Clearfield, Layton, and surrounding areas.
Violation of Protective Orders Information Center
- Violation of Protective Orders Defined
- Penalties for Violating Protective Orders
- What is a violation of a Protective Order?
- How can a violation of a Protective Order affect my Family Law case?
- More Information on Protective Orders
Violation of Protective Orders Defined
In the state of Utah, protective orders are categorized depending on the action that is meant to prevent or protect against. If there is probable cause to support an allegation or the believe that the accused has violated the order, then the accused is subject to immediate arrest, without a warrant being necessary (See Utah Code of Criminal Procedure §77-36-2.4).
Furthermore, Utah Criminal Code §76-5-108 finds a person in violation of a protective order when he or she intentionally or knowingly violates the specific conditions of said order. Violating any order under Utah Criminal Code §76-5-108(1) is a domestic violence offense and is subject to increased penalties.
Penalties for Violating Protective Orders
Violating a protective order carries penalties which increase with the severity and frequency of the violation. Penalties for the first offense are classified as a class A misdemeanor punishable by up to one year in jail and/or up to $2,500 in fines unless a greater penalty is specified by 77-36. Repeat violations may be increased to a third-degree felony punishable by up to five years in prison and/or $5,000 in fines.
Additionally, a violation of a protective order could put your parole, probation, or bail in jeopardy. The judge may determine you are a risk to society because of the violation and therefore send you back to jail or prison. Being on parole, probation, and bail is based on the condition – amongst others – that the defendant is remaining free from any additional arrest and/or criminal charges.
The state of Utah does allow you to contest a violation accusation by requesting the protective order to be vacated or dismissed. The court will then schedule a hearing where you and your defense team can present your case.Therefore, if you believe or feel that the terms of your protective order us unfair, it is in your best interest to seek legal counsel. Violating a protective order can have disastrous direct and indirect consequences. Furthermore, since each subsequent violation committed after the first has the potential to be a third-degree felony, a felony conviction can have a devastating impact to your future prospects.
A felony conviction can disqualify you from certain employment, housing, and/or educational opportunities. It can also prevent you from possessing and/or owning a gun. If you are facing charges for violating a protective order, having a dedicated and experienced defense team is imperative to your future, and protecting your rights.
What Violates a Protective Order?
A violation of a protective order can have a disastrous impact for individuals who are in parole, probation, out on bail, or even those who are facing charges that are unrelated. Below are some ways that a respondent or defendant violates a protective order:
- Contacting the petitioner directly such as text messages, electronic mail (e-mail), phone calls, mailing letters, etc.
- Contacting the petitioner indirectly such as contacting the petitioner’s protected family
- Hiring someone to speak to the petitioner
- Hiring someone to find the petitioner
Violation of Protective Order & Family Law Cases
Often times a domestic violence protective order affect divorce filings and custody arrangements. A protective order can be abused by petitioners as a way to get an upper hand on any family related disputes. If the petitioner approaches or contacts you it is important that you comply with the order, walk away, close the door, and/or hang up the phone.
More Information on Violating Protective Orders
Utah Code of Criminal Procedure – Follow the link to read in detail Utah laws for violation of a protective order. The website provides information on various Utah statutes such as penalties for specific offenses.
Utah Courts Protective Orders – Visit the link to learn more information about different types of protective orders, where to obtain assistance, and request forms.
Protective Orders Violation Defense Lawyer in Salt Lake County
If you have violated a protective order against a domestic violence victim, no matter the reason, you are at risk of jail time and fines. Having an experienced protective order violation defense attorney can help to ensure your rights are protected and so is your future. Violating an ex parte order, civil protective order, or criminal no-contact order has serious consequences. If you are currently going through any family related legal matter, having a protective order against you can affect the time you are spending with your children, especially if you are not able to get close to them. Violating a protective order can cause you to lose your visitation rights, your rights to possess or own a firearm, and even limit your ability to obtain a firearm or weapon.
Susanne Gustin is a trial proven criminal defense attorney and is well respected in Utah Courts for her skilled compassionate defense of those accused. When facing any legal challenge, it is crucial to have a skilled and knowledgeable defense attorney by your side. Call Susanne Gustin Attorney at Law at (801) 243-2814 to speak with a skilled defense attorney with experience in domestic violence cases.
Susanne Gustin Attorney at Law serves Salt Lake City County, Davis County, Midvale, Riverton, Taylorsville, Clearfield, Layton, and neighboring areas.