The Dangers of Violating Protective Orders in West Virginia Criminal Court
In West Virginia, as in many other states, the courts take protective orders very seriously. Whether they are issued in cases of domestic violence, harassment, or stalking, a protective order is a legal tool designed to keep individuals safe from harm. However, violating a protective order can have serious, long-lasting consequences, both for your freedom and your future.
If you’ve been accused of violating a protective order in West Virginia, it's essential to understand the potential risks and consequences you could face. At Frank Walker Law, we believe in educating our clients so that they can make informed decisions about their cases. In this blog post, we’ll explain the dangers of violating a protective order, the potential criminal consequences, and how our experienced defense attorneys can help you navigate the situation.
What Is a Protective Order?
A protective order—also known as a restraining order or order of protection—is a court order that requires an individual to stay away from someone for a certain period of time. It may also include provisions that restrict contact, mandate distance between the parties, or even require the respondent to leave their home.
In West Virginia, there are several types of protective orders, including:
Emergency Protective Orders (EPOs): Issued quickly in cases of immediate danger or threat, typically lasting up to 72 hours.
Temporary Protective Orders (TPOs): Issued after a hearing and lasting for up to 21 days.
Final Protective Orders (FPOs): Issued after a full hearing and can last up to one year, with the possibility of renewal.
If a protective order is issued against you, you are legally obligated to comply with its terms. Violating these orders can result in serious criminal charges, and depending on the circumstances, these violations may carry significant penalties.
Dangers of Violating a Protective Order in West Virginia
While it may seem tempting to ignore or challenge the terms of a protective order, doing so can have severe consequences. Here are some of the primary risks you face if you violate a protective order in West Virginia:
1. Criminal Charges for Violating a Protective Order
The most immediate consequence of violating a protective order is that you can face criminal charges. In West Virginia, violating a protective order is considered a misdemeanor offense, punishable by up to one year in jail and/or a fine of up to $500. However, if you violate the order more than once or engage in other criminal behavior (such as assault, harassment, or stalking), you could face more severe penalties, including felony charges.
Additionally, the court may issue an arrest warrant if you violate a protective order, and you could be taken into custody immediately. This can result in even more legal complications, including a potential bail hearing and lengthy court proceedings.
2. Impact on Your Criminal Record and Future Employment
A conviction for violating a protective order can leave a permanent mark on your criminal record. Having a criminal record can make it much more difficult to secure employment, housing, and even obtain certain professional licenses. Many employers conduct background checks, and a violation of a protective order may be viewed as a red flag, potentially limiting your job opportunities.
If you’re convicted of a misdemeanor or felony related to violating a protective order, it may also make it harder to rebuild your life after serving your sentence. The long-term impact of a criminal conviction can affect not only your job prospects but your relationships, reputation, and community standing as well.
3. Increased Scrutiny from the Court
If you violate a protective order, the court may interpret this as evidence of your disregard for the law and your willingness to act in a harmful or threatening manner. This could lead to additional legal action, such as the modification of the protective order, a longer period of restriction, or even a no-contact order with harsher penalties.
A violation can also influence other aspects of your case. If there are ongoing custody or divorce proceedings, violating a protective order could negatively impact the judge’s perception of your credibility and character. For those facing allegations of domestic violence, it can be especially damaging to your defense.
4. Escalation of Violence or Threats
In some cases, violating a protective order may escalate a situation that was already tense or dangerous. If the order was issued because of abuse, harassment, or threats, ignoring the terms of the order can worsen the conflict, leading to further violence, emotional harm, or additional criminal charges.
Moreover, the victim of the protective order violation may take further legal action, including seeking a modified order of protection, pursuing additional civil lawsuits, or even making further claims to law enforcement. This escalation can turn a simple legal issue into a much more complicated and severe matter.
5. Potential for Restraining Orders to Be Extended or Made Permanent
If you violate a protective order, the victim may request that the judge extend or modify the existing order. In some cases, this could result in a longer-term protective order or one with stricter terms, such as a no-contact order, where you are prohibited from any form of communication with the protected party, even indirectly.
Violating an order may also affect your chances of having the protective order dismissed or reduced in the future. If the court sees you as a risk to the protected person, they may be less inclined to grant any modifications in your favor.
Defenses Against Violating a Protective Order in West Virginia
If you’ve been accused of violating a protective order in West Virginia, there are several defenses that may apply to your case. The right defense strategy can make a significant difference in the outcome of your case.
1. Lack of Knowledge of the Order
One possible defense is that you were unaware of the protective order or its terms. If you didn’t receive proper notice of the order, it may be difficult for the prosecution to prove that you knowingly violated it.
2. You Did Not Willfully Violate the Order
Another defense is that you did not willfully violate the terms of the protective order. For example, if you accidentally came into contact with the person protected by the order or unknowingly violated a provision, this could be a valid defense. Your attorney can argue that the violation was unintentional.
3. You Were Acting in Self-Defense
In some cases, you may be able to argue that you violated the protective order out of self-defense. If the person protected by the order was the aggressor and you acted to protect yourself, it may be possible to avoid criminal liability.
4. False Accusations
Finally, it’s possible that the violation allegations against you are false or exaggerated. If the protected person has fabricated or misrepresented the facts surrounding the violation, your attorney can challenge their credibility and present evidence to refute the claims.
How Frank Walker Law Can Help You Fight Protective Order Violations
At Frank Walker Law, we are dedicated to helping our clients defend against accusations of violating protective orders in West Virginia. If you’ve been charged with violating a protective order, our experienced criminal defense attorneys can:
Review the facts of your case and any available evidence.
Investigate whether the protective order was properly served or if you were aware of its terms.
Develop a defense strategy tailored to your unique circumstances.
Represent you in court and work to minimize the consequences of the charges.
If you’ve been accused of violating a protective order, don’t face the charges alone. Contact Frank Walker Law today to schedule a consultation and learn how we can help you protect your rights and your future.
Call us or reach out online. Let us fight for you every step of the way.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.