In Michigan, restraining orders are also known as personal protection orders. These orders specify certain conduct that is prohibited. They may forbid someone from entering a particular home or business, taking children from someone’s home, assaulting or threatening another person, or visiting someone at home or work. Most often, restraining orders are obtained in connection with domestic relationships in which there is a history of stalking or sexual assault. Violating a restraining order is a crime that is punishable by both a fine and a jail sentence.
If you are charged with violating a restraining order, you need an experienced criminal defense lawyer to help you fight the contempt charges against you. At the Neumann Law Group, our Traverse City restraining orders lawyers have over 200 years of experience defending clients in complex and high-stakes cases, including those involving allegations of restraining order violations.Criminal Charges Related to Restraining Orders in Michigan
If someone claims that you have violated a restraining order and calls the police, you will likely be arrested. The police may immediately arrest you if there is a restraining order in place, you were served with the order, and they have reasonable cause to believe that you violated it. Upon arriving at the scene, law enforcement can look up the restraining order as well as the proof of service on a computer network. If an order exists, the police will not need to get an arrest warrant. However, if service has not been effectuated, law enforcement will officially inform you of the restraining order, and you will be expected to obey it from that point on. If you fail to, you may be immediately arrested, even if the police do not have a warrant.What Happens After an Arrest for Violating a Restraining Order in Michigan?
After being arrested, you may be arraigned on criminal contempt charges or a bond may be set. During the arraignment, you are entitled to have an attorney. You may plead not guilty, and a hearing will be scheduled for the contempt charges. A prosecutor may pursue the contempt charges, but they also may choose not to prosecute if the order was not violated or it is not in the interests of justice to bring the case. There is some room for advocacy by an experienced restraining order attorney at this stage. In some cases, the person who called the police may not have realized the consequences of their actions, or the accuser may have lied or not be considered a credible witness.
Criminal contempt charges, like other crimes, must be proven beyond a reasonable doubt, which is a tough standard. The prosecution will need to establish that you willfully disregarded and clearly violated the order. In other words, you may not be convicted of criminal contempt if you only accidentally violated a restraining order.
If you are convicted of criminal contempt, you may be penalized with up to 93 days in jail and a $500 fine. You may also face other charges, depending on the behavior that you are alleged to have exhibited toward the person who accused you of violating the restraining order. For example, if you hit someone who already accused you of domestic violence when obtaining the restraining order, you might be charged with assault and battery.Speak with an Experienced Traverse City Restraining Order Lawyer About Your Case Today
Courts in Michigan take restraining order violations incredibly seriously. However, experienced criminal defense lawyers in Traverse City can examine all the possible angles of your case and fight to get the charges dismissed or reduced. Kelly Neumann is an award-winning trial attorney who can use her experience to help you fight criminal contempt charges in Traverse City or Grand Rapids. The Neumann Law Group also represents defendants in Flint, Detroit, Ann Arbor, Lansing, Kalamazoo, Detroit, Wyoming, Muskegon, Saginaw, Midland, Holland, Warren, and Petoskey, as well as communities throughout the Upper Peninsula. Contact us at 800-525-6386 or through our online form to set up a free appointment. We also represent people who need a domestic violence attorney or representation related to other types of criminal charges.