Our Guide to Court Orders
Below we examine a few scenarios regarding court orders. By examining these scenarios, we’re able to provide you with a simple guide to court orders and hopefully answer some questions you may have regarding this topic. Let’s begin…
I. If there is a court order that prohibits contact between two people, and if one of the parties involved contacts the other party, should he/she respond?
Answer: No. Generally, a court order is in place that does not allow one person to contact the protected person. If this is the case, then the person that is not allowed to contact another should not contact the protected person. This rule applies even if the protected person contacts the person that is restricted by the order.
II. Is there a punishment if a court order is violated?
If a person violates the court order, then he/she faces up to one year in jail and a fine.
III. What Happens If There Are Multiple Violations?
If there is more than one contact between the parties, then each incident is treated as a separate violation of the court order and the person that is restricted can face multiple criminal charges.
IV. What If There Is Physical Harm Involved?
If the party that is prohibited from contacting the protected party causes physical harm to the protected party while there is a court order in effect, then the punishment can increase the jail time.
V. Which Order to Follow When There Are Multiple Orders and There is Conflict Amongst the Orders?
If there are multiple orders in place it is because more than one court issued an order. If this is the case, then you might be confused which order to follow if the orders are in conflict. Generally the order that is more strict should be followed.
Example: John and Jane have kids. John and Jane went to family court and the court issued an order that allows contact between John and Jane if the contact involves their kids. At a later time, John and Jane have a conflict which goes to criminal court and results in a no contact order (no contact between John and Jane). Which order should John and Jane follow? Generally, it would be the more strict order, which in John and Jane’s case is the no contact order issued by the criminal court.
If you are charged with violating a court order, it’s in your best interest to hire an experienced criminal defense attorney. The Law Offices of Mark A. Gallagher has over 20 years experience handling violations of court orders. If you or someone you know needs help with a legal matter in Southern California, please call 800-797-8406 to schedule your free consultation today or visit https://www.socaldefenselawyers.com/ for more information.