DC Protection Order Violation Proceedings

A person who is arrested on a contempt citation based on a violation of a protective order should call an attorney right away. People typically get an opportunity to contact an attorney within a few hours of their arrest.

Furthermore, people arrested in DC will usually be arraigned within 24 hours. DC protection order violation proceedings can become complex and laborious, so it is advisable for those who have been accused of violating an order to retain legal representation as soon as possible.

Holding Before Arraignment

If an individual is arrested for suspected violation of a protection order, there are several places at which they may be held. A person who is arrested on a contempt citation could be released and given a citation to come to court. They could also be brought to the central cell block at 300 Indiana Avenue, Northwest and then taken to court the next day.

Protection Order Violations and Other Charges

If a respondent is accused of hitting a petitioner, that could be grounds for a simple assault charge or a felony assault charge, depending on the type of injury that is alleged. The likelihood of protection order violation proceedings in DC escalating to another kind of charge largely depends on individual circumstances, so it is best to ask an attorney for help.

Penalties for Criminal Contempt

Protection order violations typically fall into major allegations of assaultive conduct. The penalties for criminal contempt are up to 180 days in jail and a $1,000 fine.

Burden of Proof in Protection Order Cases

It is imperative to prove that there was a court order in effect which prohibited certain conduct and that the prohibited conduct did, in fact, occur. It must be proven beyond a reasonable doubt that the defendant engaged in unlawful conduct. A seasoned lawyer could argue against the state’s case and advocate on the defedant’s behalf throughout the case.

What is a Violation Hearing?

A violation hearing occurs when a person has allegedly violated a protection order, and can also be in conjunction with a motion to show cause. At these hearings, a petitioner may present evidence to show a violation, and a respondent could offer evidence to show that the order was not violated.

Protection order violation proceedings take place in DC Superior Court, and the petitioner, the respondent, any witnesses, and the judge presiding the violation issue would be present.

Evidence in DC Protection Order Violation Proceedings

A respondent accused of violating a protection order would be required to show that they are otherwise in full compliance with the order and are doing well in other aspects of their life. While that may not affect a judge’s decision on whether the order has been violated, it could impact what sanctions should be imposed.

A petitioner would testify when, how, and where their stay-away order was violated, and a decision would be made about whether the respondent would testify about the alleged violation. Additionally, documentary, text message, or social media evidence may be presented to prove or falsify an alleged violation. Fortunately an experienced attorney could help a claimant gather important evidence to use during DC protection order violation proceedings to prove their case.