If you’ve had a protective order (also referred to as a protection order) filed against you, the court that issued the order will likely schedule a hearing. While it may be related to criminal charges, a protective order itself is not criminal in nature. Do you need an Indiana criminal lawyer for this kind of hearing? Do you even need to show up in court?
The answers to these questions are yes and absolutely yes. It’s never a good idea to skip a court hearing. Just because a matter isn’t criminal doesn’t mean it isn’t serious.
Depending on its details, a protection order can have wide-ranging legal implications, and you have a lot at stake walking into one of these hearings, even if you don’t know it yet.
The Basics of Protection Orders
By statute, there are only three scenarios where a person can seek a protective order:
- when a family member (or other household member) has engaged in some form of domestic violence against them;
- when stalking is involved; or
- when they’re the victim of a sex offense.
In the first of these situations, the effects of a protective order can be highly counterintuitive. This is because a protective order involves physical separation, which isn’t easy when two people share an address.
Interference with Your Daily Life
A protective order in Indiana has serious implications. If a judge enters a protective order against you, it doesn’t just restrict your freedom of movement and association. You might also be compelled to pay restitution, mortgage or rent, attorney fees, or other related expenses.
For example, if a judge orders you to move out of your own home, that means you need to find another place to sleep. On top of that, you may be ordered by the court to pay rent (or mortgage) for the person still residing in the home, even if the alleged victim is not on the paperwork. You may be told you can’t legally possess a firearm, even if you haven’t been convicted of anything.
Further Complications
The judge could also order you to wear a GPS tracking device or prohibit you from possessing firearms. If you violate a protection order, you can be charged with felony stalking or misdemeanor invasion of privacy. As with a lot of misdemeanors, you can be charged with a felony if you have a prior conviction.
Every court hearing is a fresh opportunity to make new mistakes. Anything and everything you say at your protection order hearing can be used against you in subsequent criminal proceedings.
Seemingly innocent admissions can have unanticipated consequences. You could just try to be honest and speak from your heart, but wouldn’t you rather have experienced legal counsel in your corner?
Make the Right Call
A protective order hearing may not be a criminal proceeding, but you can still benefit from having an Indiana criminal lawyer on your side. The attorneys at the Marc Lopez Law Firm understand the importance of preserving your rights, and they know what’s at stake when it comes to a protective order hearing.
If you or someone you love is subject to a protection order, call the Marc Lopez Law Firm at 463-276-5737. Don’t try to go it alone, and remember—always plead the 5th!
