Protective orders are a crucial legal mechanism to safeguard individuals from domestic violence, harassment, and stalking. It is also known as a restraining order and is a legal document issued by the court that prohibits a person from contacting or coming near another individual. They help to prevent further harm and provide legal remedies for victims who have been subjected to abuse.
In Louisiana, violating a protective order is a serious offense that can result in severe legal consequences. Therefore, it is crucial to understand the types of protective orders and the legal ramifications of violating them. Knowing what you are up against and the potential consequences is essential if you have breached a Louisiana restraining order. Contact John D. & Eric G. Johnson Law Firm to learn more about your options and how to protect your rights.
Types of Protective Orders in Louisiana
Louisiana has several types of protective orders, including:
- Domestic Abuse Protective Orders: This type of protective order is issued to protect a person from domestic abuse, which includes physical, emotional, and sexual abuse.
- Stalking Protective Orders: This type of restraining order is issued to protect a person from someone who is stalking them. Stalking is defined as a pattern of behavior that is intended to harass, alarm, or annoy another person.
- Sexual Assault Protective Orders: This type of restraining order is issued to protect a person who has been a victim of sexual assault.
- Child Custody Protective Orders: This type of protective order is issued to protect the custody of a child in cases of divorce or separation.
Each type of order serves a specific purpose and provides legal remedies to victims. Work with a skilled lawyer to make sure your rights are protected if you were charged with violating a protective order.
Violating a Protective Order in Louisiana
Violating a protective order in Louisiana is a criminal offense that can result in severe legal consequences. If a person violates a protective order, they can be charged with a misdemeanor or a felony, depending on the circumstances of the breach. The severity of the punishment depends on the severity of the breach and the number of times the protective order has been violated.
- A first-time violation of a restraining order is typically charged as a misdemeanor. If convicted, the offender may face up to six months in jail, a fine of up to $1,000, or both. However, if the violation involves physical harm, the offender can be charged with a felony.
- If a person violates a protective order more than once, the offense is considered a felony. The offender may face up to two years in prison, a fine of up to $2,000, or both if convicted. Additionally, the offender may be required to complete a domestic violence intervention program.
It is important to note that violating a protective order can also lead to other legal consequences in Louisiana. For example, if you breach a protective order, you could be held in contempt of court, which might result in additional fines and jail time. You could also lose custody of your children, job, or professional license.
What You Should Do If You Have Violated a Protective Order
If you have violated a protective order in Louisiana, you should first contact an experienced Louisiana criminal defense attorney. An attorney can review the details of your case and guide you on how to proceed. Your attorney can help you negotiate with the prosecutor for a favorable plea bargain or represent you in court.
It is essential to take a violation of a protective order seriously. Even if you believe the protective order is unjustified or unfair, disrespecting it can have severe penalties. If you breach a restraining order and get convicted, you could end up with a criminal record that will follow you for the rest of your life. You could also lose your freedom, job, and relationships with your family and friends.
The best way to avoid these consequences is to comply with the terms of the Louisiana protective order. If you believe the protective order is unjustified, you can challenge it in court. However, you must comply with its terms until the court modifies or cancels the order.
Contact a Skilled Louisiana Criminal Defense Attorney Today
Violating a protective order in Louisiana is a serious offense that may result in dire consequences if the violator is convicted. It’s a criminal offense and a violation of another person’s rights. If you have been arrested or charged with violation of a protective order, it is essential to take the situation seriously and seek the guidance of an experienced criminal defense attorney.
Your attorney can review the details of your case and evidence against you to provide you with the guidance you need to protect your rights and future. Contact John D. & Eric G. Johnson Law Firm for legal assistance by calling (318) 377-1555 or filling out our online contact form.