If you have been accused of violating an order of protection in South Carolina, understanding the penalties you can face is crucial. Please continue reading as we explore the severe consequences you can face for such an offense and why connecting with a determined Chesterfield Criminal Defense Lawyer is in your best interest during these difficult times.
What is an Order of Protection?
An order of protection, also known as a restraining order, is issued by the court to limit the behavior of someone who harms or threatens to harm another person. Generally, they are issued to address safety issues, including domestic violence. An order of protection can be temporary or final. A temporary order of protection is issued the same day that a complaint is filed and lasts only until the next court date, at which point it can be extended. A final order of protection is issued if the case results in a conviction in criminal court or family court after a judge finds that a family offense has been committed. An order of protection can prohibit the respondent from engaging in the following:
- Contacting the protected person
- Coming within a certain distance of the protected person or their home, school, or workplace
- Committing further acts of violence or harassment
- Possessing firearms or ammunition
- Vacate a shared residence
Once an order is issued, it’s important to understand that only a judge can change it. If the order includes a stay-away provision, and they show up at your home, they are violating the order and can be arrested. Engaging in any prohibited conduct while an order of protection is in effect can result in criminal charges.
What Are the Potential Penalties?
In South Carolina, violating an order of protection can lead to criminal charges. The severity of the penalties you can face for violating an order of protection varies depending upon the unique circumstances involved. If you violate a temporary restraining order, this offense is punishable by thirty days in jail or a fine of $500. Violating a permanent restraining order is punishable by up to one year in jail and a fine not to exceed $1,500.
If you violate a restraining order by visiting a domestic violence shelter where the alleged victim is residing, you are guilty of a misdemeanor and, upon conviction, will be fined no more than $3,000 or imprisoned for no more than three years, or both. If you violate a restraining order with a dangerous weapon, you are guilty of a felony and, upon conviction, will be fined no more than $5,000 or imprisoned for no more than five years, or both.
You should note that the consequences for violating such an order can extend far beyond the immediate penalties. For instance, if you are facing a child custody battle and you are convicted of a restraining order violation, it could negatively impact your efforts to secure custody or visitation.
At The Cockrell Law Firm, P.C., we are prepared to help you explore the defense you can assert. Connect with our firm today to learn how we can fight for you.
