Protective Order Violation Penalties in Mecklenburg County
Violating a protective order is a Class 1 misdemeanor, which comes with jail time. In specific circumstances, the judge may require that, in order to be in compliance with the protective order, the respondent attends certain types of counseling, whether that be substance abuse or anger management. Subsequent violations of protective order could lead to felony charges.
A protective order violation could also lead to additional criminal charges. The most common criminal charge that stems from the violation of protective order is trespass that occurs on the petitioner’s property from which the respondent has been restrained. However, there are other criminal charges that could come about depending on the nature of the violation of the protective order.
If you are facing protective order violation penalties in Mecklenburg County, reach out to a dedicated attorney today. A seasoned lawyer who is knowledgeable about violations of protective orders could fight for you and possibly help you reach a favorable outcome to your case.
Aggravating Factors to a Protective Order Violation
The more egregious the contact is, the more punishment a judge will be likely to impose for violating a protective order. If there is violence involved, then the violation of the protective order could lead to a felony charge.
If the petitioner’s residence is broken into as part of the violation of the protective order, that could enhance the charge. If a weapon is used in the violation of a protective order, that could also enhance it. Other aggravating factors include whether there have been any previous violations of that protective order.
In Mecklenburg County, an aggravating factor could lead to even more serious protective order violation penalties.
Immigration Concerns From a Violation of a Protective Order
The violation of a protective order could be considered an aggravated offense for immigration purposes and could lead to being detained by ICE if the person was held in jail, either prior to trial or for the violation. It could also lead to deportation proceedings, even if the person is not held.
Cross Order of Protection
If both parties have been restrained from contact from each other, and both parties violate that contact in similar different ways, then that could be a cross-violation of the protective order. This could complicate the case and might lead to both parties getting charged and convicted for the violation of the protective order. It is possible that this may lead to a modification of the protective order.
Cross orders of protection happen most commonly in domestic situations in which there is a child in common and there are disputes over the custody or visitation of the child.
What if the Respondent Was Unaware of the Protective Order?
In order to be found guilty of violating a protective order, the prosecution must prove that the respondent had notice that the protective order was in place. The respondent must have been served with the protective order. If they were served by a law enforcement officer with the protective order, then their lack of understanding is not a defense. However, if there has not been a service of the order, then that could be a defense to violating a protective order.
If you have any questions about protective order violation penalties in Mecklenburg County, get in touch with a skilled lawyer today.