Being accused of domestic violence can be jarring. If you face such charges, it’s important to fight back and protect your rights.
What is considered a violation of an injunction for protection?
A person violates an injunction for protection against a domestic violence victim when they have been ordered to leave the home but refuse. They are also in violation if they are found to be within 500 feet of the victim’s home, workplace, school, or other places known to be regularly visited by the victim.
Contacting the victim is considered a violation of an injunction for protection. Making threats and carrying out domestic violence are also violations. The individual must also surrender their firearms if ordered by the court and avoid being within 100 feet of the victim’s vehicle or destroying their property.
What happens if the accused has prior convictions?
If a person has prior convictions of domestic violence and violates an injunction for protection that the victim has requested, they are committing a felony in the third degree. In many cases, the court will order the individual to attend certain programs to learn how to curb their abusive behavior. Not complying with such orders can exacerbate the charges against them and result in even greater penalties.
Victims who suffer injuries as a result of an injunction for protection at the hands of their abusers are entitled to economic damages from the court in addition to the damages for their physical injuries. This might include pain and suffering, mental anguish, loss of enjoyment of life, and so forth. The victim may also recover attorneys’ fees and various court costs from the economic damages they are awarded.
Any charges of domestic violence or a violation of a protective order are serious and carry hefty penalties. If you have been charged, you need to protect your rights at any cost.