Kentucky Criminal Defense Attorney

Violation of a Restraining Order

A restraining order is known as a protective order in the state of Kentucky. These orders are used to help protect people from being stalked, harassed, and from continuing to be victims of domestic violence.

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Violating one of these protective orders can be a serious crime with even more serious consequences.

If you are concerned you have violated one of these orders or are facing charges for violating one of these orders, it is in your best interest to learn these laws and then seek counsel from a defense attorney.

One of the main purposes for these orders is to protect people from becoming a victim of domestic abuse. A family member or the member of an unmarried couple who is considered to be a legal resident of the state of Kentucky can file for a protective order. The individual must be filing this order as a means to escape from domestic violence and abuse or to avoid becoming a victim of domestic abuse.

If a family member or member of an unmarried couple is seeking to file for an emergency protective order, the individual will need to disclose information regarding any pending divorce or custody actions that involve both individuals. If the individual involved in the incident is a minor, an adult can file a petition for a protective order on the child or minor’s behalf.

If the petition that was filed was an emergency petition, the court will review the situation to make sure that the domestic violence and abuse exists. If the court finds there is sufficient proof of abuse, a protective order will be issued. A court order will restrain the individual from having any contact with the person who filed the petition, restrain the individual from being able to commit any further acts of domestic violence, from damaging the property of the individual, and will effectively evict the individual from the residence being shared by the individuals.

In some cases, an order may require that both individuals involved seek counseling through community services in the area. A protective order can be in effect for a period of up to three years, but it is not by law allowed to exceed a three year period. If the order runs out and the individual feels they still need the protection offered by the order, they can reapply.

There is no legal limit to the amount of times that a protective order can be reissued in Kentucky.

When the court is considering whether or not to reissue the order, the petitioner might need to present testimony to the court stating that the protective issue played an important role in preventing acts of domestic violence and abuse during the time the order was active. If a person should violate a protective order, there are stiff legal penalties for that individual to pay.

A person who violates any type of protective order issued by the court could be convicted of a Class A misdemeanor. A Class A misdemeanor may not seem that severe, but it could result in the individual spending an entire year locked up behind bars.

If you are facing charges for violating a protective order issued by the court, then you need an attorney as soon as possible.

A defense attorney will guarantee that your trial is a fair one and that all of your rights are protected.

A good defense attorney will spend time going over the evidence and the circumstances surrounding the situation to help build a defense for your case.

Your attorney might suggest making a plea bargain and going along with the conditions set forth by the prosecution in order to get the charges reduced and face a lesser sentence.