If you have been served with an order for protection, then you are most likely confused about what this means. Does an order for protection mean you are going to prison? Will an order for protection show up on your permanent criminal record? Is there any way to fight back against an order for protection?
Understanding an Order for Protection
An order for protection does not mean you are going to prison, nor will it show up on your permanent criminal record. Furthermore, there is a way to fight back against an order for protection and win. An order for protection is essentially a restraining order filed by the alleged victim of domestic abuse. If you have been accused of any instance of domestic abuse, the victim can file an order for protection to ensure that you remain a certain distance away from him/her at all times. This order for protection acts as a security blanket until the case is assessed by a judge.
Maintaining Your Cool
In many instances, an order for protection will be filed under false accusations. Many ex spouses will file an order for protection as a way to gain access to children during a custody battle. Do not fall into this trap. It is important to always remember that an order for protection is not a guilty sentence, even though it may feel like this at the time. There are ways around an order for protection, but it is important that you remain patient and in control during the process. Failure of obey by an order for protection could end up costing you even more, especially if you are found guilty of domestic assault. Violating an order for protection, regardless of the outcome of the domestic assault accusation, can result in a misdemeanor offense, which can include 90 days in prison and/or a $1,000 fine.
How Can an Order for Protection Impact My Life?
- Loss of rights to your children – if you are facing a domestic violence assault with a spouse or someone you live with, then you will most likely need to stay away from them at all times. This means that if your children are with the alleged victim, you will also need to stay away from them. This can be a difficult situation and most defendants will feel angry, betrayed, and frustrated by this. It is important to keep your cool and talk to an attorney about what you can do. It is possible to get visitation rights with your children while the order for protection is being assessed.
- Loss of rights to your home – If issued with an order for protection, you will need to stay a certain distance away from the alleged victim at all times. This means that if you live with that person, you will most likely need to find alternative accommodation for the time being.
Minnesota Criminal Defense Lawyers
If you or someone you love is facing a criminal conviction, then now is the time to step up and fight back. Contact Anoka criminal lawyer Michael Brandt at 763-421-6366 for a free, no obligation consultation.