A protection order, more commonly known as a restraining order, is a court order requiring an individual to stay away from another person with no contact whatsoever. In Montana and mostly every other state, it is a crime to violate a protection order.
In the state of Montana, a temporary protection order can be continued for an extended amount of time or can also be continued for life, or a permanent protection order.
If a person makes contact with the person who filed the protection order against that certain person, then that person violated the protection order and will face criminal charges. Violating a protective order may also be considered stalking if the respondent repeatedly follows or contacts the petitioner and causes emotional distress or reasonable fear of bodily injury.
Attorney for Protection Order Violations in Helena, Montana
If you are facing charges for violating a protective order in Helena or anywhere else in Montana, contact Greg Beebe, an experienced criminal defense attorney at Beebe Law Firm who will fight for your violation.
Greg Beebe is an aggressive criminal defense attorney at Beebe Law Firm and is familiar with Montana’s protection order laws and is ready to represent you. Call us today at (406) 442-3300.
Greg represents residents in Lewis and Clark County, Missoula County, Gallatin County or other Montana Counties.
Violation of a Protection Order
A person commits the offense of violation of an order of protection if the person, with knowledge of the order, purposely or knowingly violates a provision of a Temporary order for maintenance or support, temporary injunction or temporary restraining order.
First offense: up to six months in jail and a fine of up to $500
Second offense: 24 hours to six months in jail and a fine of $200 to $500
Third offense: ten days in jail to two years in prison and a fine of $500 to $2,000
If there was an additional crime committed during the violation of the protection order, the penalties could become much more severe. Repeat restraining order violations can sometimes result in top-level felony charges and up to three years in prison.
The 1994 Violence Against Women (VAWA) requires that all valid orders of protection must be enforced wherever the violation occurs regardless of whether order was issued in another state, tribal court, commonwealth, territory or possession of the U.S. If the officer is presented with a paper copy of a protective order, there is no requirement to verify the terms and conditions of the order with the issuing state.
Stalking in Violation of a Protection Order
Repeated violations of a restraining order can lead to charges of aggravated stalking.
Stalking in violation of a protective order is punishable by up to five years’ imprisonment and a fine of up to $10,000. Montana courts can also order the defendant to pay the victim for medical expenses, counseling, and any other costs that the court finds relevant.
Violation of a Protection Order – Visit the website of Montana’s legislature to read more about violating a protection order and about Montana’s statutes regarding definitions for violations of protection orders.
Finding a Protection Order Violation Attorney in Helena, Montana
The most common defense against the charge of violation of a restraining order is that the violation was not willful. If you are charged with violating a protection order and/or a domestic violence charge, you need to contact Greg Beebe at Beebe Law Firm immediately.
Greg Beebe at Beebe Law Firm is prepared to assist you, no matter what criminal charges you face. He fights charges throughout the State of Montana along with residents in Lewis and Clark County, Missoula County, Gallatin County or other Montana communities.
His offices are conveniently located at 1085 Helena Avenue in Helena, Montana, between Idaho Avenue and North Dakota Avenue. Call us today at (406) 442-3300.