Anyone who is accused of a crime has the right to defend themselves in a court of law. A defendant can take steps to prove their innocence and avoid a conviction. However, in some cases involving violent crimes or other situations where someone’s safety could be at risk, defendants may also need to address protective orders, which are sometimes called restraining orders or orders of protection. 

Protective orders are meant to reduce the risk of harm while a case is pending. Still, they can also create immediate, life-changing limits on where a person can go, who they can contact, and what they can possess. Because the stakes are high and the rules can be strict, a person who has been accused of a violent crime or another offense may need legal help to understand the accusations against them, the restrictions they may face, and the best ways to respond.

When Violent Crime Charges May Trigger a Protective Order

Protective orders can be requested and issued in many situations, but they will typically be used in cases that involve alleged acts of violence, threats, or intimidation. A court may consider a protective order early in a case, sometimes when a person is first arrested or appears in court for an arraignment or bond hearing. Prosecutors may ask for protective orders as a condition of release for a person, or an alleged victim may request a restraining order based on claims that they have experienced issues that could put their safety at risk.

Protective orders may be related to allegations of offenses such as:

• Domestic violence, including claims that a person has engaged in abuse against a spouse, romantic partner, co-parent, or someone who lives in their household
• Assault or battery involving injuries, the use of a weapon, or other potential safety concerns
• Stalking or harassment allegations involving threats or a pattern of unwanted contact
• Sexual assault allegations where the court wants to limit contact between the accused and the alleged victim

Why Courts May Put Protective Orders in Place

An order of protection or restraining order is a court order that limits certain behavior to help prevent harm, intimidation, or unwanted contact. The terms used in these orders and the restrictions that may be imposed can vary from state to state, but the purpose is generally the same: to set clear boundaries that are enforceable by law. Even when a protective order is “temporary,” it is still enforceable. Violating an order can lead to an arrest and additional penalties.

Judges may issue protective orders to address certain safety risks and stabilize a situation while the facts are being sorted out. The issuance of an order will not necessarily mean that the allegations against a person are true. Instead, the court may decide that temporary restrictions are necessary based on the information available at the time.

Common reasons a protective order may be issued include:

• Preventing physical harm or threats of harm
• Reducing the chance of retaliation or escalation by a person who has been accused of a violent crime
• Protecting children or other vulnerable people who live in the same household as a person who has been accused of a violent crime
• Creating clear rules for contact between an alleged violent criminal and other parties
• Protecting public safety while a person is on release and awaiting trial

In many cases, emergency protective orders may be issued immediately upon request by an alleged victim, without the accused being given the chance to defend against the allegations or to present their side of the story. The first version of a restraining order may be based on limited information. It will usually last only a few weeks. A hearing may then be scheduled at which both parties can provide testimony, and a judge can determine whether a long-term protective order should be issued.

Restrictions and Requirements Protective Orders Can Impose

Protective orders can be broad or narrow depending on the situation and the restrictions that a judge believes are necessary. The exact terms of an order will depend on the case and state laws detailing the types of orders that may be issued

Some common terms that may be used in orders of protection include:

• No contact: A person may be restricted from contacting the alleged victim through calls, texts, emails, letters, or messages sent through friends, family, or coworkers.
• Stay-Away Zones: A protective order may require a person to stay a certain distance away from someone’s home, workplace, school, or other locations.
• Move-Out Provisions: If the accused lives in the same home as the alleged victim, an order may require a person to leave the shared residence and find new living arrangements while the order is in effect. A person may still be required to contribute to expenses such as rent or utilities even when they cannot live in or enter their home.
• Firearm and Weapon Restrictions: Restraining orders will typically require a person to surrender any firearms they own, and they will be banned from possessing weapons while the order is in effect.
• Child-Related Provisions: When the accused and the alleged victim have children together, an order may grant temporary custody of the children to one party. In some cases, protective orders may address issues such as temporary parenting schedules, custody exchanges, or supervised visitation.
• Financial Support: A person may be required to pay child support or spousal support to the alleged victim to ensure that they will be able to meet a family’s ongoing needs.
• Counseling or Evaluations: A protective order may require a person to participate in anger management, counseling, substance use or mental health evaluations, or other programs meant to address dangerous behaviour and protect against abuse or violence.

Because protective orders can be easily violated by accident, it is important to fully understand their terms and the restrictions they impose. A reply to a text message sent by the alleged victim, showing up at children’s schools, or returning to a shared home while the alleged victim is present, could be treated as a violation.

Penalties for Violating a Restraining Order

Violations of protective orders can result in serious consequences, even if a person believes that the accusations against them are false. In some cases, a restraining order may remain in place even after the dismissal of a criminal case, and a person will be required to follow the restrictions until the protective order expires or is dismissed. Depending on state laws, a first violation may be considered a misdemeanor offense, but felony charges may apply if a violation involves additional acts of violence or abuse.

Potential consequences of violating a protective order include:

• Immediate arrest
• New criminal charges for violating the order
• Jail time, fines, and/or probation following a criminal conviction
• Stricter conditions that may place harsh restrictions on a person’s life
• Contempt of court findings in family law cases or other civil proceedings

A violation could also negatively impact the underlying case. If a protective order was issued after a person was arrested for domestic violence, a violation of a judge’s orders may be considered as evidence in that case, or they could be considered a higher risk, leading to harsher penalties. If a restraining order was issued in a family law case, a violation could affect the outcome of that case and result in restrictions on child custody or other adverse consequences.

Defense Against Orders of Protection

When an order of protection has been issued, a person may have several options for defense. During a hearing, they may present evidence showing that the accusations against them are false and demonstrating that they are not a safety risk. An attorney can represent a person at hearings or in criminal or family law cases, and can take steps to help a person avoid harsh restrictions and resolve the case successfully.

Disclaimer: The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. Readers are encouraged to consult with a qualified attorney for advice regarding their specific legal situation or for assistance in navigating legal matters, including protective orders and criminal charges.