Is a Protective Order a Felony?
A protective order, also known as a restraining order, is a legal document that is designed to protect an individual from harassment, stalking, abuse, or other forms of harm. However, if you are facing a situation where you are accused of violating a protective order, you may be wondering: Is a protective order a felony?
Answer: It Depends
A protective order is not inherently a felony. However, violating a protective order can result in serious legal consequences, including felony charges in some cases. The answer to this question depends on the specific circumstances of your situation and the laws in your jurisdiction.
Types of Protective Orders
There are different types of protective orders, including:
- Temporary Restraining Orders (TROs): These orders are issued on an emergency basis and are typically in effect for a short period of time, usually up to 14 days.
- Final Restraining Orders (FROs): These orders are issued after a hearing and are typically in effect for a longer period of time, usually one to two years.
- Domestic Violence Protective Orders (DVPOs): These orders are issued to protect victims of domestic violence.
- Stalking Protective Orders: These orders are issued to protect victims of stalking.
Consequences of Violating a Protective Order
Violating a protective order can result in serious legal consequences, including:
- Misdemeanor charges: In most cases, violating a protective order is a misdemeanor offense, punishable by up to one year in jail and a fine.
- Felony charges: However, in some cases, violating a protective order can be a felony offense, punishable by up to 10 years in prison and a fine.
- Civil contempt: Violating a protective order can also result in civil contempt charges, which can lead to fines and imprisonment.
When is a Protective Order a Felony?
A protective order is a felony when it is combined with other criminal charges or when it involves certain circumstances, such as:
- Aggravated stalking: If you are accused of violating a protective order while committing aggravated stalking, it can be a felony.
- Domestic violence: If you are accused of violating a protective order while committing domestic violence, it can be a felony.
- Repeat offender: If you have been convicted of violating a protective order in the past and are accused of violating another one, it can be a felony.
- Physical harm: If you are accused of causing physical harm to the protected party while violating a protective order, it can be a felony.
Table: Felony vs. Misdemeanor Protective Order Violations
| Charge | Punishment |
|---|---|
| Misdemeanor Violation | Up to 1 year in jail, fine |
| Felony Violation | Up to 10 years in prison, fine |
What Happens if You Violate a Protective Order?
If you are accused of violating a protective order, you may face serious legal consequences. Here are the steps that may occur:
- Arrest: You may be arrested and taken into custody for violating the protective order.
- Charging: You may be charged with a misdemeanor or felony offense, depending on the circumstances.
- Bond: You may be released on bond, but you may be required to post a high bond.
- Trial: You may be required to stand trial and face punishment if convicted.
- Consequences: A conviction for violating a protective order can result in a criminal record, fines, and imprisonment.
Conclusion
In conclusion, a protective order is not inherently a felony. However, violating a protective order can result in serious legal consequences, including felony charges in some cases. It is important to understand the types of protective orders, the consequences of violating them, and the circumstances under which a protective order can become a felony. If you are facing a situation where you are accused of violating a protective order, it is important to seek legal advice from an experienced attorney.
Additional Resources
- National Coalition Against Domestic Violence (NCADV)
- National Domestic Violence Hotline (1-800-799-7233)
- National Center for Victims of Crime (NCVC)
Disclaimer
The information provided in this article is for general informational purposes only and is not intended to be legal advice. If you are facing a situation where you are accused of violating a protective order, you should seek legal advice from an experienced attorney in your jurisdiction.
