Procedures Applicable to a Defendant in a Protection Case - If a Final Protection Order is Issued

Previous | Next

D. If a Final Protection Order is Issued.

You should read any protection order carefully. The order will list all of the things you are prohibited from doing and all of the things you must do. Violation of certain parts of a protective order is a Class D crime, punishable by up to 364 days in jail and a $2,000 fine. Violations of other parts of the protection order may be a Class C felony, or may be contempt of court. If you are ordered to stay away from the plaintiff's residence and you go to the residence, you will be arrested and charged with violating a protection order. The plaintiff cannot give you permission to violate the order or change its terms.

Remember: Only the court can change the order.

If a final order of protection from abuse prohibits you from possessing firearms or dangerous weapons, you must turn over firearms and prohibited weapons to a law enforcement officer or other person within the time stated in the order (up to 24 hours after the final order is served on you). If you choose to turn over the prohibited items to a person other than a law enforcement officer, you must file a statement identifying that person and listing all items turned over to the person within 24 hours. That statement may be filed with either the court or a local law enforcement agency. If the court later finds probable cause to believe you have not turned over all firearms and prohibited weapons, the court can authorize a search warrant and seizure of any prohibited items found.

Note: If the Court enters a protection from abuse order that prohibits you from harassing, stalking or threatening the plaintiff, possession of a firearm and/or ammunition by you may be a separate violation of state and federal law, even if the order itself does not prohibit firearm possession.

In addition, a parent's willful misuse of a protection from abuse process in order to gain an advantage in a divorce or paternity action may be considered by the court in that divorce or paternity action when deciding upon the allocation of parental rights and responsibilities.

Previous | Next