Oakland County restraining order lawyer Paul J. Tafelski (https://www.michigandefenselaw.com/blog/violate-restaining-order/), of Michigan Defense Law, has provided important legal insights into the serious consequences individuals face when violating a restraining order in Michigan. Also known as a Personal Protection Order (PPO), a restraining order is a legally binding court order that restricts an individual from contacting or approaching a specific person.
Violating a restraining order can lead to severe legal repercussions, including arrest, fines, and jail time. Paul J. Tafelski explains that even an unintentional violation, such as accidental contact with the protected party, can result in legal consequences. Tafelski emphasizes that anyone accused of violating a PPO should immediately seek legal guidance from an Oakland County restraining order lawyer to understand their rights and potential defenses.
A restraining order serves to protect individuals from threats, harassment, or harm, and it is enforceable throughout the United States once signed by a judge. The Oakland County restraining order lawyer details two primary types of restraining orders in Michigan. A domestic PPO applies to current or former spouses, individuals in a dating relationship, cohabitants, or those who share a child. A stalking PPO, on the other hand, is issued when a person engages in repeated unwanted actions that make another feel threatened, harassed, or frightened. The severity of violating these orders underscores the importance of compliance.
When someone is served with a restraining order, it is critical to fully understand its terms and conditions. Paul J. Tafelski advises individuals to read the order carefully and take note of any court dates or restrictions to avoid accidental violations. Most PPOs are initially temporary, lasting up to 182 days, with a court hearing scheduled toward the end of this period. Failing to comply with the order, regardless of intent, may result in criminal charges.
Violating a PPO can quickly escalate from a civil matter to a criminal offense. Michigan law allows law enforcement to arrest individuals without a warrant if they violate the terms of a restraining order. Prohibited actions under a PPO include assault, threats, removing a child from the petitioner’s custody, trespassing, or possessing a firearm. Any of these violations can lead to charges of contempt of court, which carry penalties of up to 93 days in jail, a fine of $500, or both.
Paul J. Tafelski highlights a critical point: even if the protected party initiates contact, it does not nullify the PPO. “Violating a restraining order is easier than you may think. For example, if the order prohibits contact with the petitioner—yet the petitioner agrees to contact—any contact is a violation of the court order regardless,” Tafelski explains. This means that compliance with the order is solely the responsibility of the individual it is issued against, regardless of circumstances.
For those facing allegations of violating a restraining order, legal defenses may be available. Paul J. Tafelski outlines several possible defenses, including a lack of proper notification about the PPO, mistaken allegations, or accidental violations. In some cases, the protected party may have induced the violation, which can be a factor in the defense strategy.
If someone is arrested for a PPO violation, they have the right to appear before a judge within 24 hours. Michigan law also requires that a court hearing be scheduled within 72 hours, unless extended by a legal motion. Paul J. Tafelski stresses that securing legal representation during this time is crucial, as an experienced attorney can work to mitigate penalties and manage the complex aspects of the case.
Facing a restraining order violation can have significant personal and professional consequences. Beyond the immediate legal penalties, individuals may experience job loss, strained relationships, and a damaged reputation. Paul J. Tafelski urges anyone accused of violating a PPO to take immediate action. Seeking legal counsel from an Oakland County restraining order lawyer can help ensure that defendants understand their rights, explore available defenses, and receive guidance through the legal process.
About Michigan Defense Law:
Michigan Defense Law is a criminal defense law firm serving clients throughout Oakland County and the surrounding areas. Led by experienced attorney Paul J. Tafelski, the firm is dedicated to defending individuals accused of crimes, including restraining order violations. Michigan Defense Law can provide personalized legal strategies tailored to each client’s circumstances, helping them manage the complex aspects of the legal system.
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Phone: (248) 451-2200
Address:2525 S Telegraph Rd suite 100
City: Bloomfield Hills
State: Michigan 48302
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Website: https://www.michigandefenselaw.com/
