Violating Protection Order

Columbus and Delaware, Ohio Criminal Defense Attorney

If you have been charged with violating a protection order in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your violating protection order case.

What is Violating Protection Order in Ohio?

A protection order is an order of a court to not contact a particular person(s) or be within a certain number of feet of that person(s). These are often arise when there are issues related to domestic violence, menacing or stalking. Violating a protection order in Ohio is a criminal offense. Violating a protection order in Ohio, pursuant to R.C. 2919.27, is defined as recklessly violating the terms of any of the following:

Penalties for Violating a Protection Order in Ohio

Violating a protection order in Ohio is typically a 1st degree misdemeanor, which carries six months in jail and a $1000 fine. However, violating a protection order can become a felony if certain conditions are met. These include:

  • Previously violating a protection order as a juvenile or adult; or
  • Violating a protection order while committing a felony offense.

Violating a protection order with a prior violating a protection order conviction will result in a 5th degree felony, which carries 6 – 12 months in prison and a $2500 fine. Violating a protection order while committing a felony is a 3rd degree felony, which carries 9 months – 3 years in prison and a $10,000 fine.

Secondary Consequences for a Violating a Protection Order Conviction in Ohio

In addition to a prison term and substantial fine, a violating a protection order conviction in Ohio has severe secondary consequences. These include having a permanent criminal record, inability to gain employment, apply for student loans, obtain housing, and acquire or maintain professional licenses.

Ohio Defenses for Violating Protection Order

Several defenses exist in Ohio for the charge of violating a protection order. For a protection order issued in another state, an affirmative defense exists that the protection order issued by another state does not comply with the requirements of 18 U.S.C. 2265(b) and, therefore, is not afforded the full faith and credit by a court in Ohio.

A second defense of failing to prove each and every element of the offense, specifically the recklessly element. Pursuant to R.C. 2901.22, a person acts “recklessly when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that the person’s conduct is likely to cause a certain result or is likely to be of a certain nature. A person is reckless with respect to circumstances when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that such circumstances are likely to exist.

Criminal Defense Attorney – Columbus and Delaware, Ohio

If you have been charged with violating a protection order in Columbus or Delaware, Ohio, it is crucial that you hire a criminal defense attorney immediately. Contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio criminal defense attorney. Attorney David Johnson will examine your case and assist you in putting forth the strongest defense possible. Call Johnson Legal, LLC at (614) 987-0192 or send an email to discuss your violating protection order case.