The Common Protective Order Violation

When a protective order is filed against you, there is typically an ex parte temporary protective order served upon you immediately restricting your contact and communication with the Petitioner (the person who filed the protective order), and potentially even third parties such as your children etc. It is very important to not violate, in any way, the terms of the temporary protective order served upon you. Violation of a protective order can result in a Class A Misdemeanor charge or possibly even a felony depending on the circumstances.

Avoid this Common Pit Fall

Often a protective order will restrict your communications with the Petitioner to only be in writing through text or email and requiring such communications be limited to matters involving parent time and the children. Where we continually see people getting into trouble and violating their temporary protective order without necessarily knowing or intending to violate, is when the Respondent (that would be you) emails or text messages the Petitioner about divorce related matters which do not involve the children. Let’s say, for instance, you have been served with a temporary protective order, you also find out your spouse filed for divorce, and you send him/her an email about alimony. You have likely violated the terms of the temporary protective order served upon you since alimony has nothing to do with parent time or the children. Don’t fall into this common trap. The best thing to do whenever you are served with a protective order is to contact an attorney and review the terms of your temporary protective order prior to making any contact whatsoever with the Petitioner.

Violation Can Result in a Permanent Order

Many people do not realize that not only is violating a protective order a criminal offense, but it can also be grounds for a permanent protective order to be entered against you at the hearing. This can be very unfortunate, especially if you have a high chance of having the temporary protective order and matter dismissed at the hearing. Let’s say the allegations made by the Petitioner in the protective order are entirely false and you will likely succeed at the hearing in having the case dismissed. Simply violating the protective order can be enough for the judge to enter a permanent order against you regardless of whether or not the Petitioner’s temporary protective order was justified in the first place. If you have been served with a protective order, call and speak with one of our protective order defense lawyers in Provo, Utah right away.

About Chris Salcido

Chris Salcido is a founding attorney of Divorce Lawyer Provo.
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