Many people violate protection orders because they don’t understand them or their full scope. They might respond to a text or call, send a message on social media, or bump into the subject of the order, only to find themselves arrested shortly afterward, following these otherwise innocuous interactions. 

If you are subject to a protection order, you can face serious consequences if you’re accused of violating it. Violations serve as separate offenses to any other charges you are facing and can result in arrest, jail time, and even felony charges in some cases. 

Georgia courts expect strict compliance with their orders, and judges may try to set an example when defendants come before them with allegations that they have disobeyed the court’s order. If you’re accused of violating a protection order in Georgia, you need immediate legal assistance. Contact Crawford and Boyle, LLC for a free and confidential consultation. 

Basics of a Protection Order?

Protection orders go by many names, including orders of protection, and restraining orders. These orders are often used in situations involving allegations of domestic abuse. A protection order is an order from the court that instructs the respondent not to harass, stalk, or threaten the physical safety of the person who petitions the court for it. Georgia provides various types of protective orders, including:

  • Civil family violence orders: This is a temporary or permanent protective order issued after a family member is accused of committing a felony, battery, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass against another family member. This applies to current or former spouses, co-parents, parents and children, stepparents and stepchildren, foster parents and foster children, or other people who have ever lived in the same household.
  • Special conditions of bond no-contact orders: This court order prohibits contact between the defendant and the alleged victim in a criminal case. It can be issued after the court has made an order of pretrial release after an arrest for an act of family violence or when the respondent is on probation after being convicted of an act of family violence.
  • Dating violence orders: These orders are issued in cases involving people who have a relationship that resulted in a current pregnancy or were dating within the last 12 months when one of them is accused of battery, simple assault, or stalking. 

If the court finds that there are reasonable grounds to grant this type of order, the respondent is subject to the conditions included in the order. Common conditions of these court-issued orders include the following:

  • Leaving a shared residence 
  • Limiting access to children or setting temporary custody and visitation terms
  • Restricting access to pets or shared property
  • Staying away from the petitioner for a certain distance, including their home, workplace, school, or other common locations
  • Prohibiting calling, texting, emailing, or sending social media messages to the petitioner
  • Prohibiting contact with the petitioner in other ways, including through third parties
  • Restricting possession of a gun

If you violate the conditions of civil protection orders, you can face felony criminal charges. 

What Is Considered Violating a Protection Order?

Under Georgia law, it is a crime to violate a civil family violence order, dating violence order, or special conditions of bond – no contact when the person knowingly violates the terms of the order which excludes them from a residence, directs them to stay away from a residence, workplace, or school, restrains them from approaching within a particular distance from another person, or restricts them from having any contact with another person.

Violations of protection orders can involve various conduct, such as:

  • Calling, texting, or DMing the person, even if they message you first 
  • Faxing, paging, sending an online message, or emailing the person
  • Contacting the protected party in other ways
  • Harassing the protected party
  • Threatening the protected party
  • Sending a letter or a gift to the person
  • Having a third party contact the person on your behalf
  • Liking, commenting on, or messaging the person through social media 
  • Showing up at the person’s home 
  • Appearing at the person’s job or child’s school 
  • Coming within a certain distance of the person 
  • Refusing to leave a shared residence when instructed to do so
  • Possessing a firearm when the order prohibits it

A violation occurs any time that you knowingly do something that the order prohibits you from doing. The order controls your conduct. 

Many people are surprised to find themselves in trouble after behaving in a way that they consider nice or respectful, such as sending an apology letter, gift, or message through social media. However, orders of protection prohibit all contact. Any contact can potentially result in being charged with a violation, even if the person who is the subject of the order initiated contact or said that it’s okay to contact them. 

Legal Consequences of Violating a Protective Order

Under Georgia law, protection order violations are criminal offenses. Violating a protective order is charged as a misdemeanor, which can result in the following penalties:

  • Jail time of up to one year in a county jail
  • Monetary fines and court costs
  • Mandatory counseling or domestic violence intervention programs

Judges can also order electronic monitoring and extend the protective order for more time. You can also be charged with contempt of court for disobeying a judge’s order, which can result in additional fines and penalties.

However, the consequences can be even more severe in some situations. The law states that “Nothing contained in this Code section shall prohibit a prosecution for the offense of stalking or aggravated stalking that arose out of the same course of conduct.” Aggravated stalking is a serious felony, punishable by one to ten years in prison and fines of up to $10,000. This offense involves repeated contact or threatening conduct involving following, contacting, or harassing a person in violation of a protective order.

A felony record can negatively impact your employment and housing options. Additionally, this type of offense can affect your child custody rights.

What Evidence Is Used in a Violation of a Protective Order Case?

Law enforcement may help collect various types of evidence to aid in your prosecution, such as:

  • Victim statements
  • Witness testimony
  • Text messages
  • Phone records
  • Surveillance videos or video footage from private cameras
  • Photos 
  • Letters

Even innocent encounters can look bad for those accused of violating a protective order. 

How Can a Defense Lawyer Help If I’m Being Accused of Violating a Protective Order?

A criminal defense attorney can protect your legal rights throughout the process, including by:

  • Explaining the law and the nature of the criminal charges against you
  • Carefully reviewing the exact language of the order and determining the restrictions you were subject to 
  • Comparing the allegations made against you and the precise language of the order
  • Investigating whether the alleged contact was intentional or accidental
  • Pinpointing vague or confusing language in the order 
  • Representing you in front of law enforcement agencies
  • Seeking to prevent a warrant for arrest from being placed against you
  • Analyzing whether there are reasons the protected party would lie about the facts, such as to gain an advantage in a family law case
  • Identifying all applicable legal defenses 
  • Challenging weak evidence 
  • Negotiating a plea bargain that avoids jail time or seeks to reduce charges, such as from aggravated stalking to contempt of court
  • Representing you in criminal court to argue that your alleged misconduct did not meet the legal standard for violating the order

Domestic disputes can often get out of hand and result in criminal charges and allegations. You need an experienced criminal defense lawyer who understands the nuances and intricacies of these types of cases. Contact the award-winning legal team at Crawford and Boyle, LLC for a free consultation to learn more about how we can help.

What to Do If You’re Accused of Violating a Protection Order

If you are accused of violating a protective order, you must take immediate steps to protect your freedom and rights, including:

  • Do not contact the protected party – Avoid contacting the protected party. While you might feel this can help clear up misunderstandings or that you can convince them to drop the charges against you, only a judge can lift a protective order. Further contact could result in additional legal problems.
  • Do not respond to the protected party – If the protected party contacts you first, don’t answer the phone. Don’t respond to text messages. Do not be provoked on social media. 
  • Don’t talk to the police – While it’s understandable you want to clear up confusion and defend yourself, now is not the time to try to explain anything to the police. If they bring you in for questioning or arrest you, they are only interested in obtaining evidence to use to convict you, not to vindicate you. Don’t make their job easier for them. Remember, anything you say or do can be used against you in a court of law. 
  • Don’t discuss the case – Don’t talk to mutual friends or make any statements that admit or excuse the act. 
  • Don’t post on social media – Avoid discussing your legal case on a public forum. 
  • Preserve evidence – While you might be tempted to delete any messages, this information may be able to be found through digital forensics, so don’t try to cover things up after the fact. Messages may provide useful context. Preserve any evidence you have, such as screenshots, GPS data, and call logs.
  • Write down your narrative – Write down what happened, who was present, where the event occurred, and other details. Share this with a lawyer.
  • Speak to a criminal defense lawyer – An experienced criminal defense lawyer should be the only person you talk to about your case. Your communications with them are privileged, thanks to the attorney-client relationship. They can give you legal advice tailored to your situation. 

Are You Accused of Violating a Protective Order in Georgia? Contact an Experienced Criminal Defense Lawyer for Help

Violating a protective order can become a serious legal matter that requires the assistance of a skilled lawyer. You don’t want to be sent to jail or have your reputation ruined over a misunderstanding or temporary lapse in judgment. The experienced legal team at Crawford and Boyle, LLC can help during this pivotal time.

Our domestic violence lawyers have over 50 years of combined experience. Our work as former prosecutors can help identify weaknesses in the other side’s case that we can exploit to fight for the best possible outcome for you. Having a knowledgeable legal advocate on your side can help alleviate the stress and uncertainty associated with facing criminal charges. Contact us today for a free and confidential case evaluation.