What Are the Consequences for Violating a Protective Order?

 Posted on November 05, 2021 in Criminal Law

In the State of Wisconsin, a court may restrict a person’s freedom to go certain places or be near certain people. Such a restriction is imposed using a “restraining” or “protective order.”

A judge usually issues a protective order at the request of someone (“the petitioner”) who feels their personal safety is threatened by the person subject to the order (“the respondent”).

They are most commonly used in cases of stalking, domestic abuse, child abuse, elder abuse, and harassment.

Two kinds of protective orders exist:

• Temporary orders: As the name suggests, this is a short-term order that only lasts 90 days. It serves as a placeholder while the judge considers the merits of a longer order.
• Injunctive orders: If the judge decides a longer order is necessary, he will impose an injunctive order that can last up to four years.

What Happens When a Protective Order is Violated?

A respondent faces serious penalties if they violate an active protective order. In the State of Wisconsin, violating a protective order is a misdemeanor offense.

If convicted, the guilty party could face fines up to $10,000 and a prison sentence up to nine months.

However, more than the petitioner’s word is needed to prove the order was violated. The State must demonstrate with evidence that:

• an active order was in place
• the defendant knew they were subject to the order
• the defendant’s actions violated the terms of the order

Contact a Waukesha County Criminal Defense Attorney

A criminal charge is scary. The prospects of serious fines and prison time can throw your whole future into question. This is not to mention the damage to your reputation, which could take years to repair.

Although it is easy to feel trapped, it is important to maintain hope. Everyone is innocent until they are proven guilty, and a guilty verdict can only be issued if it is beyond reasonable doubt that you committed the crime.

Defending your rights begins with hiring the right criminal defense attorney. An attorney understands the law and what the prosecution needs to prove its case. They can launch a meticulous investigation to uncover the truth, holding law enforcement accountable.

Bucher, Wolff & Sonderhouse, LLP is a criminal defense law firm that offers consummate legal representation to Wisconsin residents. Our lawyers believe legal representation begins with listening to the client and ends with prioritizing their needs ahead of the bottom line.

If you need a Waukesha County criminal defense attorney, call Bucher, Wolff & Sonderhouse, LLP today at 262-232-6699 for a free initial consultation.

Source: 

https://www.doj.state.wi.us/ocvs/victim-rights/restraining-orders