Violation of a Protective Order

Respected Phoenix Criminal Defense Lawyers Standing Up for the Rights of Clients Charged with Restraining Order Violations

Being accused of violating a protective order in Arizona is a serious matter that can result in criminal charges, jail time, and additional court restrictions. Protective orders, also called orders of protection or restraining orders, are often issued in domestic violence cases, but they can apply in a range of other situations as well. Even if the protected party initiates contact, you can still face legal consequences for any alleged violation. At the Law Office of James E. Novak, we help individuals fight back against these charges and protect their rights at every stage.

What Is a Violation of a Protective Order in Arizona?

Under Arizona law (A.R.S. § 13-2810), a person violates a protective order when they knowingly disobey the terms set by the court. This can include a wide range of actions, depending on the conditions listed in the order. Common examples of violations include:

• Contacting the protected person by phone, text, email, or social media
• Going to their home, workplace, or school
• Committing or threatening an act of violence
• Failing to leave a shared residence when ordered to do so
• Attempting to send messages through third parties

Protective orders are enforceable as soon as they are served, and even brief or seemingly harmless contact can lead to criminal charges.

Can You Be Charged If the Protected Person Contacted You First?

Yes. This is one of the most misunderstood aspects of protective order violations. If you are the subject of a protective order, you must follow the court’s restrictions, even if the protected person reaches out to you. The protected party cannot waive or modify the order on their own; only the court can do that. Responding to a message, meeting up voluntarily, or failing to report contact can still lead to a charge.

What Are the Penalties for Violating a Protective Order?

A first-time violation of a protective order is typically considered a Class 1 misdemeanor. If convicted, you could face:

• Up to 6 months in jail
• Fines of up to $2,500 (plus surcharges)
• Up to 3 years of probation
• Mandatory counseling or anger management
• A permanent criminal record

If the alleged violation involves a new criminal offense—such as assault or trespassing—additional felony charges may apply. Multiple violations or violations of a domestic violence-related order can also lead to enhanced penalties.

How Can You Defend Against a Protective Order Violation?

There are several defenses available, depending on the facts of your case. A skilled defense attorney can review the evidence and determine the strongest path forward. Common defenses include:

• You didn’t know about the order: If you were never served with the protective order, or were unaware of its terms, this may be a valid defense.
• You didn’t violate the order: Sometimes, an alleged violation is based on exaggerated or false claims. If there’s no clear proof, the ccourt may dismiss the case against you.
• Any contact was accidental: Accidentally encountering the protected person in public, without any effort to initiate contact, may not be enough to support a conviction.
• There was a problem with the order: In some cases, the protective order itself may have been issued without proper legal basis or due process.

Because these charges are often based on one person’s word against another’s, it’s crucial to have a defense attorney who knows how to expose weak evidence and challenge unreliable accusations.

Why Should You Work with a Criminal Defense Lawyer?

Protective order violations are often treated aggressively by prosecutors, especially in domestic violence cases. Even a minor or technical violation can result in jail time, probation, and long-term consequences. A criminal defense lawyer can help by:

• Reviewing the order and explaining your rights
• Investigating the circumstances of the alleged violation
• Challenging the evidence and presenting alternative explanations
• Negotiating with prosecutors to reduce or dismiss charges
• Representing you in court and protecting your future

At the Law Office of James E. Novak, we understand the stress and confusion that comes with these charges. With years of experience defending clients in Maricopa County and throughout the Phoenix area, we provide straightforward advice, strategic defense, and dedicated representation.

Are You Facing a Violation of a Protective Order?

If you’ve been arrested or charged with violating a protective order, time is critical. Do not try to handle the situation alone or assume the charges will go away. The Law Office of James E. Novak is here to help you take control of your case and fight back. Call us at 480-413-1499 or fill out our secure online contact form to schedule your free and confidential consultation today.