Violation of A Protective Order
In the state of Iowa, protective orders can be requested and issued for reasons relating to domestic disputes or abuse.
If you’re the subject of a protective order, you must follow the specific requirements listed within the document. If the conditions of the protective order are breached, the violator risks several potential penalties ranging from jail time to fines and various other fees. There may also be personal or professional repercussions that go beyond the purview of the court.
Protective orders are often issued in pending cases of assault, domestic abuse, sexual assault, or harassment, so a conviction for violating a protective order can reflect negatively during the legal process for that charge. If you have already violated the stipulations of a protective order, it is important you contact a qualified Polk County Attorney to represent you.
While it is never a good idea to knowingly Violate a Court-Issued Protective Order if you have done so, it is in your best interest to obtain legal assistance from an attorney that is knowledgeable about court orders in the State of Iowa.
Attorney for Violation of a Protective Order in West Des Moines
Being accused of Violating a Protective Order may not seem like a serious legal issue, but the potential consequences of a conviction are far-reaching. Jail sentences, fines, and legal fees can be just the beginning. Being convicted of violating a protective order can impact future job prospects, custody battles, and many other facets of personal and professional life.
At McCarthy & Hamrock, P.C., we pride ourselves on fighting for the rights and freedoms of our clients. For decades, our seasoned legal team has worked tirelessly to defend our clients and advocate for their futures. No matter what the circumstances of the charge are, defendants are best served when they have a dedicated, experienced legal team handling their case.
If you have been accused of Violating a Protective Order in Polk County or surrounding counties such as Dallas County, Jasper County, Marshall County, Warren County, and many others, contact us today at (515) 279-9700 to schedule a free consultation.
Overview of Violation of a Protective Order Laws
- What Is a Protective Order? How Are They Violated?
- Penalties for Violating a Protective Order
- Additional Resources
What Is a Protective Order? How Are They Violated?
In the State of Iowa, Protective Orders are a civil court order that is most commonly requested and issued during the process of a domestic dispute and/or a pending criminal case. Because of the nature of protective orders, the courts often consider their violation to be a serious legal issue.
Protective orders are commonly issued for accusations of domestic abuse but can also be issued for accusations of sexual abuse. The process for petitioning for a Protective Order requires the victim to fill out paperwork detailing the type and frequency of abuse they experienced and turn it in for a judge to consult. From there, the judge can prepare a temporary order that functions much the same as a final Protective Order until such a time (between 5-15 days) that an official hearing can occur. The issuing of a temporary order is up to the discretion of the judge; not all that wait for an official hearing are granted a temporary order.
Once the temporary order is issued, it does not go into effect until it is served to the individual named in the order. Once that person has been served, they are obligated by law to follow the specific requirements listed in the court document. Temporary orders are often more generalized, lacking case-relevant clauses. If after the hearing the judge decides to grant a final order, the actions permitted or prohibited within the order will fit the particular circumstances of the case.
For example, if the named individual and the victim who filed the Protective Order request share a child, there may be a clause that permits the named individual to attend school functions in the presence of the victim. Most protective orders demand the complete disassociation of the named individual from the presence of the victim, but exceptions can be made depending on the circumstance.
Violating the terms of the order is a criminal act that can result in several different penalties. In addition, you could be charged with another crime or enhance your penalties depending on the circumstances of the violation.
The Protective Order will clarify the details around each prohibited action in such a way that it is clear what can and cannot be done. However, even if the wording of the order is easily understood, contacting an attorney with experience in Iowa court proceedings is a good decision.
Penalties for Violating a Protective Order
The penalties for violating a protective order vary depending on the circumstances of the case. Without aggravating factors, violating a Protective Order is a simple misdemeanor carrying anywhere from 0-30 days in jail and a fine that should not exceed $625. These cases, however, rarely appear without some form of aggravating factor included.
There are aggravating and mitigating factors to almost every crime, and the violation of court orders is no exception to that rule. Prior convictions and pending criminal cases can serve to make the penalties worse than they normally would be. If the violation occurs with another crime, the penalties will be heightened for each crime.
A conviction for Violating a Protective Order can also demonstrate to potential employers or to a family court judge that you are not fit.
Although the Iowa State Code declares that only one count of Violating a Protective Order will be charged against an individual for the same crime (§664A.7), the crime can do a tremendous amount of damage to one’s reputation and future.
Iowa’s Protective Order Laws – This link provides the State of Iowa’s official laws on No-contact and Protection Orders. All of the information you need about what constitutes a violation of a court order can be found here.
Women’s Law Iowa Protective Order Page – This website is a great resource for information about domestic abuse laws in all 50 states. The link leads to one of the sections on the website about Iowa’s legal system, including detailed information on Protective Orders and their powers and limits.
Attorney for Violation of a Protective Order in Polk County, Iowa
Our attorneys at McCarthy & Hamrock, P.C. are eager to work with you step by step in building a stalwart defense for your case. Our legal team is aggressive, thorough, and devoted to providing our clients with the kind of legal help their case needs. In cases like these, defendants need an advocate that will fight not just to clear them of these accusations but fight to safeguard their future.
At McCarthy & Hamrock, P.C., our clients’ livelihood and well-being is our first and most important concern. If you have been charged with Violation of a Protective Order in West Des Moines, Des Moines, Altoona, Ankeny, Clive, Indianola, and many other cities in the surrounding area, contact us at (515) 279-9700 to schedule a free consultation.