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VIOLATION OF A PROTECTIVE ORDER

VIOLATION OF A PROTECTIVE ORDER

Protective orders are typically used in domestic disputes to ban one party from contact with another or from interfering with an order of the court with respect to child visitation or custody rights. They are also frequently used in cases of spousal abuse to keep the violent party from coming into contact with the victim. Situations that involve a violation of protective orders can bring about many negative consequences to the offending party, not the least of which is losing privileges to visit or be in contact with your child.

Not being able to see you child or significant other can be an emotional situation where some may act in an irrational or illegal manner in order to see loved ones. This will make the situation worse for all parties, leading to extensive legal issues. If you have been charged with violating a protective order, it is vital to seek qualified legal counsel in order to keep from dealing with the worst of consequences and hopefully get you back to seeing your loved ones in a timely manner.

Chester County Violation of Protective Order Attorney

In a scenario that involves violating a protective order, you are not only putting your freedom and rights at risk, you are also risking the future with the ones you love. This can have long lasting effects on your personal life that can be detrimental in many ways. Approaching this situation in a rational and professional manner will give you many opportunities to make the situation right and move on with your life while finding common ground with those in your life that are most important to you.

Call the Skinner Law Firm at (610) 436-1410 to schedule a free and confidential discussion with the experienced and knowledgeable criminal defense attorney Michael J. Skinner. Having spent years focusing on cases involving protective order violations, Michael is committed to handling every aspect of your case while fighting to protect your individual rights.


Violation of Protective Order under Pennsylvania Law

Pa. Cons. Stat. §6108 states that the court may grant any protection order to bring about a cessation of abuse of the plaintiff or minor children. The order of agreement may include:

  • Directing the defendant to refrain from abusing the plaintiff or minor children and/or
  • Granting possession to the plaintiff of the residence by evicting the defendant

Protective orders may sometimes be granted ex parte, that is without the presence of the party being affected, but only when there is substantial evidence that the party applying for the order is under an imminent threat of injury or when there is good evidence that an order of the court will be violated.

Furthermore, the defendant will not have the right to trial by jury on a violation of protective order charge. However, the defendant will be entitled to retain legal counsel.


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Penalties for Violation of Protective Order in Pennsylvania

If convicted of a violation of a protective order, the defendant will be held in contempt of court. Pa. Cons. Stat. §6114 states that the following are possible punishments:

  • A fine of between $300 and $1000 along with imprisonment and/or supervised probation not to exceed six months.
  • Upon conviction, and at the request of the plaintiff, the court will also grant an extension of the protective order for an additional term.
  • Any firearms, other weapons or ammunition that were used or threatened to be used during the violation of the order or during prior incidents of the abuse will be confiscated.

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Working with a Chester County Violation of Protective Order Defense Lawyer

If you have been charged with violation a protective order in Southeastern Pennsylvania, speaking with a qualified criminal defense attorney should be one the first things on your to-do list. The Skinner Law Firm offers free, no obligation consultations that will be both informative and helpful when it comes to discussing your charges. Not only will attorney Michael J. Skinner walk you through the process, but he will detail the defense strategy that he will be using for your personal situation.

The Skinner Law Firm has proudly represented individuals in need of a criminal defense lawyer for many years and will use this experience and legal knowledge to make sure you are well taken care of and put in a position to win your case and move on with your life. Call (610) 436-1410 to discuss your case with Michael Skinner if you live in Southeastern Pennsylvania, including the surrounding counties of Chester, Delaware, Lancaster and Montgomery.

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