Have you been served with a restraining order in Northern Kentucky? Suhre & Associates DUI and Criminal Defense Lawyers can help when you call (513) 333-0014. We offer a free consultation with a Northern Kentucky restraining order lawyer who will explain your options and help you protect your rights.
Facing a restraining order can be overwhelming, especially if you’re accused of violating its terms. Our experienced legal team provides the guidance and defense you need to navigate the process with confidence. Contact us today to schedule your free consultation.
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Why Hire Suhre & Associates DUI and Criminal Defense Lawyers if You’re Arrested for Violating a Restraining Order?
Facing allegations of a restraining order violation can change your life in an instant. Police and prosecutors work quickly, and you can be arrested based purely on someone’s claim that you didn’t follow the rules. In this situation, there’s no reason to fight on your own. The lawyers from Suhre & Associates DUI and Criminal Defense Lawyers are here to help you every step of the way.
Here’s what sets us apart:
- Our team has over 100 years of combined experience helping people just like you.
- We bring a unique perspective. Our legal team includes a former police officer and a former prosecutor. That real-world insight lets us anticipate, challenge, and respond strategically to every move from the other side.
- Someone from our office is always available – before work, late at night, even on weekends. Help and guidance are just a call away.
- Our attorneys are recognized as part of the National Trial Lawyers Top 100, known across the country for their skill and ethics in criminal law.
- We hold a perfect 10.0 rating on Avvo, based on case results and honest, empathetic representation.
Handling a restraining order violation in Northern Kentucky is complicated, but it’s not impossible, especially with professional legal help. With our firm behind you, you’ll have experienced advocates fighting for you every step of the way.
Call our team to schedule a free consultation with a Northern Kentucky personal injury attorney.
Overview of Restraining Orders in Northern Kentucky
If you have been served with a restraining order, also called a protective order, it’s natural to feel worried about what comes next. It’s helpful to understand what these orders are and what you need to know if you’re facing one.
Emergency Protective Orders (EPOs) and Temporary Interpersonal Protective Orders (TIPOs)
These are rushed orders a judge can grant if someone claims they’re in immediate danger from you. EPOs and TIPOs usually last up to 14 days, ending after the court holds a full hearing. During this time, you’re required to follow any rules the judge sets, even though you haven’t had a chance to tell your side of the story yet.
Domestic Violence Orders (DVOs) and Interpersonal Protective Orders (IPOs)
These are more permanent orders. To get one, the court sets a hearing. You’ll get an official notice explaining what the claims against you are and telling you when and where you need to show up for a hearing. This is your chance to tell your story, show your evidence, or bring any witnesses.
You can speak for yourself at the hearing or get support from a lawyer who knows how to handle these types of cases. If you don’t appear at court on the hearing date, it’s almost certain the judge will grant the order.
What the Judge Could Order You To Do
When a longer-term order is granted, you could face the following conditions:
- You may be barred from contacting the person who asked for the order. That includes no calls, no texts, and no reaching out to the person through other parties.
- The court might order you to stay away from certain places. That could mean school, work, or a home.
- If you and the other person live together, you may have to move out immediately, even if you pay the rent or own the home.
- You could lose custody of your children for a certain period of time.
- The judge can order you to start counseling, substance abuse treatment, or anger management.
Whatever conditions the judge believes are reasonable, you’ll be required to follow.
What Are the Penalties for Violating a Restraining Order in Northern Kentucky?
If someone violates a restraining order, penalties can be severe. Courts take these violations seriously, and consequences increase with each violation.
Penalties for a First or Second Violation
The first or second time someone violates a restraining order, state law treats it as a Class A misdemeanor. If convicted, that can mean up to one year in jail. There may also be a fine that can go as high as $500.
Felony Charges for Multiple Violations
Things can get a lot more serious if a person has more than two violations in a five-year period. In these cases, the charge will be a Class D felony if the violation involves physical force, attempted force, or threats. This carries up to five years in prison and fines that can go as high as $10,000.
You do not need to violate the same restraining order for it to count as a repeat or subsequent violation. Incidents from different restraining orders, even from separate cases or issued at different times, can count when prosecutors or courts are deciding if this is a repeat offense.
What Defenses Can Be Raised if I’m Arrested for Violating a Restraining Order?
If you’ve been arrested for violating a restraining order, it can feel overwhelming and confusing. There are several possible defenses you and your lawyer can consider, with some of the most common including:
You Didn’t Know About the Order
For a restraining order to be enforced, you must be officially told about its terms. This usually involves a process where law enforcement or another official delivers the notice to you in person.
If you haven’t been served these documents or received so little information that you truly couldn’t understand the restrictions, you can argue you were unaware of your obligations. If there’s no proof that you actually knew about the order, it can affect the charges against you.
The Alleged Violation Didn’t Happen
Sometimes, accusations are made that are exaggerated or simply not true. You may have evidence like texts, phone records, GPS data, or witnesses to show you didn’t actually contact the protected person or go to the restricted place.
Your lawyer can help collect and present this evidence to help you fight back against these allegations.
You Didn’t Intend to Violate the Order
Sometimes the wording in restraining orders leaves gray areas, like if it’s unclear what places you are barred from visiting or how far you need to stay away. If you and the protected person work at the same job or attend the same classes, for example, there can be confusion on what “no contact” really means in day-to-day life.
When language isn’t crystal clear, mistakes about the restrictions do happen.
Ambiguous or Unclear Terms
Sometimes the wording in restraining orders leaves gray areas, like if it’s unclear what places you are barred from visiting or how far you need to stay away. If you and the protected person work at the same job or attend the same classes, for example, there can be confusion on what “no contact” really means in day-to-day life.
Order Already Expired or Modified
Orders typically have a deadline and don’t last forever. If you can prove that the order had already expired or if there was paperwork changing the requirements, your lawyer can argue that you didn’t actually violate the order.
Courts look at the dates and terms carefully; if it’s found that you were accused of breaking a rule that no longer applied, the charges shouldn’t stick.
If you’re arrested for allegations of violating a restraining order, it’s important not to panic. Talk to a qualified attorney and gather as much evidence as you can to show you didn’t actually violate the order, or that it wasn’t done with intent.
Schedule a Free Case Evaluation With Our Northern Kentucky Restraining Order Lawyer
If someone has filed a restraining order against you, it’s important to understand your rights and come up with a clear strategy to defend yourself. One of the best ways to do this is to work with an experienced criminal defense lawyer in Northern Kentucky.
An attorney understands the court’s procedures and can help you fight back against any allegations that you violated the order. The process might feel confusing or stressful, but you aren’t alone.
Call Suhre & Associates DUI and Criminal Defense Lawyers to schedule a free consultation with a Northern Kentucky restraining order lawyer.
