Violation of Protection Order
When an Ohio court issues a protection order of any kind, the alleged offender is expected to comply with the terms of the order—regardless of whatever disagreements that person might have with decision.
All too often, the people who are the subjects of protection orders (also commonly referred to as restraining orders) end up violating the terms of orders through honest and otherwise well-intentioned actions.
While judges issue protection orders in the best interest of protecting alleged victims, it is not uncommon for some parties to seek and use these orders as weapons or for leverage in heated divorce or child custody proceedings. Similarly, many alleged violations can be the result of exaggerated or flat-out fabricated claims by alleged victims.
Protection Order Violation Lawyer in Dayton, OH
If you were arrested for allegedly violating the terms of a protective order in Ohio, it will be in your best interest to immediately have legal representation. The Joslyn Law Firm conducts thorough investigations of these cases for clients in and around Dayton, including such communities as Kettering, Huber Heights, and many others in Montgomery County.
Dayton protection order violation attorney Brian Joslyn also defends alleged offenders throughout Miami County, Greene County, and Clark County. He can review your own case when you call (937) 356-3969 today to set up a free, confidential consultation.
Montgomery County Restraining Order Violation Information Center
- Why are people usually charged with violating a protection order?
- What are the consequences of violating a restraining order?
- Where can I learn more about protection orders in Ohio?
The terms of a protection order vary depending on specific aspects of each case. People who are the subjects of restraining orders are responsible for understanding what the orders prohibit them from doing or require them to do.
A few examples of the most common types of protection order violations include, but are not limited to:
- Calling an alleged victim;
- Text messaging an alleged victim;
- Failure to abandon home;
- Failure to relinquish custody of children;
- Failure to seek counseling;
- Going to home, workplace, or school of alleged victim;
- Failure to provide financial support to family members; or
- Possession or purchase of a firearm or ammunition.
A protection order violation will result in criminal charges. Judges in Ohio typically take a very harsh view of alleged violations because such actions involve specific court orders being disregarded.
How a violation is classified depends on the nature of the alleged violation and the alleged offender’s criminal record. Ohio Revised Code § 2919.27 establishes the following penalties for protection order violations:
- If an alleged offender violates a protection order while committing a felony, violating a protection order is a third-degree felony punishable by up to five years in prison and a fine of up to $10,000;
- If an alleged offender has been previously convicted of, pleaded guilty to, or been adjudicated a delinquent child for a violation of the current or any previous protection order, or has had two or more violations of menacing, aggravated menacing, stalking, or aggravated trespass against the current alleged victim, violating a protection order is a fifth-degree felony punishable by up to 12 months in prison and a fine of up to $2,500; or
- Any other violation of a protection order is a first-degree misdemeanor punishable by up to six months in jail and a fine of up to $1,000.
In addition to possible imprisonment and fines, having a conviction for a protection order violation can cause many long-term problems for alleged offenders in regards to employment, housing, and professional licensing.
Protection Orders | Montgomery County Clerk of Courts — You can learn more about protection orders issued in the Dayton area on this website. The Clerk of Courts website provides an overview of how protection orders work, how long orders are valid for, and which types are applicable for certain cases. You can also download forms and find links to government websites for additional information.
Montgomery County Common Pleas Court
41 North Perry Street
Dayton, OH 45422
Artemis Center — Artemis Center is a nonprofit organization that has served over 85,000 victims of domestic violence and their children through crisis intervention, safety planning, education, and support. You can learn more about the organization’s services, including support, court outreach, advocacy, children's program, and community education. You can also find facts about domestic violence, annual reports, and domestic violence hotline phone numbers.
310 West Monument Avenue
Dayton, OH 45402
Find a Lawyer for Violations of Protection Orders in Dayton
Were you recently arrested in Ohio for allegedly violating a protective order? The Joslyn Law Firm represents clients accused of domestic violence offenses in Dayton, Kettering, Huber Heights, and many other communities in Montgomery County as well as surrounding areas like Piqua and Troy in Miami County, Fairborn and Beavercreek in Greene County, and Springfield in Clark County.
Dayton criminal defense attorney Brian Joslyn has been ranked by the National Academy of Criminal Defense Attorneys as one of the 10 best criminal defense lawyers in Ohio. He will provide an honest and thorough evaluation of your case as soon as you call (937) 356-3969 or complete an online form to schedule a completely free initial consultation.