Portage Michigan Restraining Order Violation Attorney
Restraining or personal protection orders are one example where you can face harsh legal consequences without the immediate right to defend yourself. Michigan courts can issue a temporary protection order based solely on the sworn affidavit of one party. If you violate the terms of that order after being served and before you are able to contest it in court, you can be jailed and charged with a crime.
At the law firm of Peter A. D' Angelo, PLC, we defend people who are subject to restraining or protection orders in Portage, Kalamazoo, Battle Creek and other communities throughout Western Michigan. We offer a free initial consultation to discuss your case.
What Is a Protection Order?
Michigan judges can issue a temporary personal protection order to anyone who claims they are in imminent fear of harm from another person. Protection orders are often issued when there has been an accusation of domestic violence, but they can also be issued in cases of stalking or harassment.
Judges can order temporary restraining orders on an initial ex parte basis, meaning that the judge will only listen to one side. You will not have any input into the judge's decision at that time. But, if the ex parte order is properly objected to, the judge will hold a hearing to determine if the temporary order should be made permanent. You should have a lawyer represent you at this hearing.
While the order is in effect, its terms therein control. Based on the terms in the order, it can be illegal for you to contact or come within a certain distance of the alleged victim. If you reside with the alleged victim, you might be forced to move out of your home. It might also be illegal for you to possess a firearm at the time.
Accusations of domestic violence can a times be little more than a power play. It is not unusual for one party in a divorce case to seek a protection order to gain the upper hand in a child custody dispute or remove a spouse out of the marital residence. To protect your reputation and your future, these orders should be defended against aggressively.
Free Protection Order Consultation
Before you talk to police or anyone else, call 269-488-0089 or send us an e-mail to schedule a free initial consultation with our Kalamazoo violation of personal protection order attorneys. We are available 24/7. Jail visits are available.