Is an Order of Protection a Felony?
When it comes to protective orders, many people assume that they are a standard, non-criminal means of ensuring the safety of the parties involved. However, an order of protection can actually be a felony. In this article, we will explore the circumstances under which an order of protection can be considered a felony, and what the consequences are for violating such an order.
What is an Order of Protection?
A protective order, also known as a restraining order or domestic violence restraining order (DVRO), is a legal order issued by a court to protect one individual from another. The purpose of an order of protection is to prevent the recipient from committing acts of abuse, harassment, or domestic violence against the protected individual. Orders of protection can be issued in various types of situations, including domestic violence, stalking, dating violence, and sexual violence.
Is an Order of Protection a Felony?
In most jurisdictions, an order of protection is not a felony on its own. However, violating an order of protection can be considered a felony. Under federal law, violating an order of protection is considered a misdemeanor, punishable by up to one year in prison and a fine (18 U.S.C. § 2262(a)(1)). However, if the violation of the order of protection resulted in serious bodily injury to the protected individual, the offense can be upgraded to a felony (18 U.S.C. § 2262(a)(2)).
How Does an Order of Protection Become a Felony?
An order of protection can become a felony when the recipient of the order violates the order in a way that constitutes a felony. Examples of felony violations of an order of protection include:
- Physical violence or threat of physical violence against the protected individual.
- Stalking the protected individual.
- Harassing or terrorizing the protected individual.
- Committing any other felony against the protected individual.
Additionally, if the protected individual is injured or threatened with serious bodily harm, the violation of the order of protection can be charged as a felony.
Consequences of Violating an Order of Protection
Violating an order of protection can have serious legal consequences. Felony violations of an order of protection can result in significantly harsher penalties than misdemeanor violations. In general, felony violations of an order of protection can be punishable by:
- Prison time: felony violations of an order of protection can result in prison sentences ranging from one to 10 years, depending on the circumstances of the violation.
- Fines: felons may be required to pay fines up to $10,000 or more.
- Restitution: defendants may be required to pay restitution to the protected individual for any losses or expenses resulting from the violation.
Table: Consequences of Violating an Order of Protection
| Misdemeanor (Maximum 1 Year Prison) | Felony (Maximum 10 Years Prison) | |
|---|---|---|
| Prison Time | Up to 1 year | Up to 10 years |
| Fines | Up to $1,000 | Up to $10,000 |
| Restitution | – | May be required |
| Criminal Torts | – | May be charged |
Important Considerations
Protecting the Protected Individual: When an order of protection is issued, it is essential to take the necessary steps to protect the protected individual from further harm. If the protected individual has a history of abuse, they may be at an increased risk of further abuse or harm.
Maintaining the Order of Protection: To ensure the protection of the protected individual, it is crucial to maintain the order of protection by complying with all terms and conditions, including staying at a certain distance from the protected individual, avoiding contact with the protected individual, and not harming or threatening the protected individual in any way.
Seeking Legal Advice: If you are facing an order of protection or suspect that someone is violating an order of protection, it is essential to seek immediate legal advice from an experienced attorney who is familiar with the complexities of protective orders.
In conclusion, while an order of protection is not inherently a felony, violating an order of protection can be considered a felony under certain circumstances. Understanding the consequences of violating an order of protection is crucial for ensuring the safety of all parties involved. Complying with an order of protection and maintaining its terms and conditions can help prevent further harm to the protected individual and promote a safer and more respectful environment for everyone involved.
