WHAT IS THE LAW ON VIOLATION OF A PROTECTIVE ORDER CASES?
K.S.A. 21-5924. Violation of a protective order; extended protective orders; penalties.
(a) Violation of a protective order is knowingly violating:
A protection from abuse order issued pursuant to K.S.A. 60-3105, 60-3106 or 60-3107, and amendments thereto;
a protective order issued by a court or tribunal of any state or Indian tribe that is consistent with the provisions of 18 U.S.C. § 2265, and amendments thereto;
a restraining order issued pursuant to K.S.A. 2016 Supp. 23-2707, 38-2243, 38-2244 or 38-2255, and amendments thereto, or K.S.A. 60-1607, prior to its transfer;
an order issued in this or any other state as a condition of pretrial release, diversion, probation, suspended sentence, postrelease supervision or at any other time during the criminal case that orders the person to refrain from having any direct or indirect contact with another person;
an order issued in this or any other state as a condition of release after conviction or as a condition of a supersedeas bond pending disposition of an appeal, that orders the person to refrain from having any direct or indirect contact with another person; or
a protection from stalking order issued pursuant to K.S.A. 60-31a05 or 60-31a06, and amendments thereto.
(b) (1) Violation of a protective order is a class A person misdemeanor, except as provided in subsection (b)(2).
(2) Violation of an extended protective order as described in subsection (e)(2) of K.S.A. 60-3107, and amendments thereto, and subsection (d) of K.S.A. 60-31a06, and amendments thereto, is a severity level 6, person felony.
(c) No protective order, as set forth in this section, shall be construed to prohibit an attorney, or any person acting on such attorney’s behalf, who is representing the defendant in any civil or criminal proceeding, from contacting the protected party for a legitimate purpose within the scope of the civil or criminal proceeding. The attorney, or person acting on such attorney’s behalf, shall be identified in any such contact.
(d) As used in this section, “order” includes any order issued by a municipal or district court.
What does this law on Violation of Protective Order mean?
If a judge issues an order that you cannot contact any person, you cannot knowingly contact that person. If you do contact that person then you may be charged and convicted of a crime punishable by up to 365 days in jail and in some cases more than that.
Did you have to violate the order intentionally?
The short answer is yes. You have to violate the order knowingly. You can't accidently violate the order and get convicted. This answer to this question can be determined by reading State v. Sinzogan, 2017, 388 P.3d 176, 53 Kan.App.2d 324, If you would like to read the entire case summary just click the link.
What Orders count for purposes of this law?
Orders issued after a petition for protection from abuse is filed, even if they are temporary orders.
Orders issued after a petition for protection from stalking is filed, even if they are temporary orders.
Orders issued by any court even Indian tribal court in which the affected party is given due process before an order is issued. (Must comply with 18 U.S.C. § 2265)
Orders that are issued even if going up on appeal so long as the affected party was given due process.
Orders that are issued by a district court judge, a magistrate judge or a municipal court judge so long as the affected party was given due process.
Orders issued as a condition of bond, probation, diversion, suspended sentence or parole in any jurisdiction.
What does "Contact" mean for a violation of protective order?
If you have a no contact order issued against you this literally means no contact at all. No telephone calls, no texts, no emails, no letters, no in-person communication, no communication through a third party, no contact at all. In some rare instances your contact may be allowed but limited. A common example may be that a judge orders you no contact other than text or email for purposes of child care. When a judge orders a condition you have to abide by that condition. If you knowingly make contact outside of that condition then you have violated the protective order and are subject to being charged with a crime.
How do you get charged with a Violation of Protective Order case?
Before you can be charged with a violation of protective order there must be an order from a judge telling you not to have contact with another person. This order can be generated in a couple of different ways. Here are three common ways an order can be issued barring you from contacting another person;
If the alleged victim has obtained a civil court order after filing a petition for protection from abuse or petition for protection from stalking and the judge issued either a temporary or permanent order not allowing contact.
If you are involved in a criminal case and a judge issued an order that you not have contact with another person as a condition of your bond.
If a judge issued a no contact order in a civil case like a divorce or paternity case.
If a judge has issued an order and you have notice that the order was issued you are required to comply with that order. If you do not comply with a judge’s order then you are subject to a criminal penalty of up to one year in the county jail. There are a couple of common mistakes when it comes to these types of cases that you must be aware of. Making any of these mistakes can cause you to pick up a case for violation of a protective order.
You Get Confused With Regards To Multiple Different Judges’ Orders. In some situations, you may have more than one judge issuing orders that impact you. If you don’t closely pay attention you may inadvertently violate a judge’s order. For example, if you are arrested for a domestic battery and the judge issues a “no contact order” between you and the alleged victim then at the same time the alleged victim files a protection from abuse petition against you and a temporary order is issued barring you from contact with that person. In this case you have two different judges telling you that you cannot have contact with a specific person. If the petition from abuse is subsequently dropped and that order is lifted you are still subject to the “no contact order” in your criminal case. You have to be very careful that you comply with both court’s orders.
You Get Confused With What Type Of Contact You Can Have. If the judge issues a “no contact” order you can’t communicate with the other person. You can’t be around them, can’t send them a letter, can’t text them, can’t email them. You can literally have no contact with them. If you are at work and they walk in to buy something or try to talk to you, you have to leave. They don’t have an order that they can’t contact you. You have an order that you can’t contact them. If they send you a message they aren’t breaking the rules, if you respond to it you are.
You Try To Communicate Through Another Party. This is against the rules. If there is a no contact order issued you are not allowed to have a friend or family member tell the other party a message for you.
You Make Contact With The Other Person With Their Permission. This is against the rules and not smart. Some people choose to ignore the judge’s order and communicate anyway. There are several reasons people do this, the most common one being; “Well ABC loves me, they won’t tell anyone because they know it will get me in trouble.” If you find yourself saying or thinking this, you are making a big mistake. The second you pick up the phone, send that email or stop by their place you are breaking the law. Not only are you taking a chance that you will be caught you are also giving that person an immense amount of power over you in the future. Now you have committed a crime and they know about it and all they have to do at any time is call the police and you’ll end up arrested and charged with another crime. If you end up charged with the crime of violating a protective order you probably are in more trouble than you realize. In Kansas, violation of a protective order is a class A misdemeanor. Class A misdemeanors are punishable by up to one year in jail. Also, many times violation of protective order cases have a domestic violence designation. If you are convicted of a crime involving domestic violence your right to have a firearm will most likely be affected.
What Do I Do If I Am Charged With Violating A Protective Order?
If you are charged with the crime of violation of protective order in Johnson County District Court or in a municipal court in Johnson County you need to sit down with an experienced criminal defense lawyer that practices in the court in which you are charged. The criminal defense lawyers at Roth Davies are here to help when you find yourself facing a criminal case. Here are the Basic Steps you should immediately follow when facing a Violation of Protection Order case.
Don’t Talk To The Police: If you are accused of a violation of protective order, the police are going to want to “get your side of the story.” They may stop by your home or call you on the phone to give you a chance to explain what happened. Don’t fall for this. The police have no intention of finding evidence to show that you did nothing wrong. They are trying to get you to admit to a technical violation of the law. Keep your mouth shut regardless of if you broke the law or not. The police are specially trained to extract information out of you that helps prove the case against you. Don’t give them the chance. Admit nothing.
Don’t Voluntarily Let The Police Look At Your Phone: If the allegation is that you called, text, emailed, facebooked, tweeted or anything else you can do from your phone, the police will want to search your phone or look at your phone. Regardless of your guilt or innocence do not let the police look at your phone. The police may find evidence of the crime or they may find evidence of another crime. If you hand over your phone you may not get it back. If a police officer wants to look at your phone tell the officer to get a warrant. If you authorize or let an officer look at your phone you are giving consent and waiving your fourth amendment right to be free from unreasonable search and seizure. Just say no, don’t make an officer’s job of discovering evidence any easier.
Don’t Call, Text, Email Or Communicate With The Alleged Victim: This person is who got you in trouble in the first place why would you want to keep communicating with them? You can be assured if you communicate with someone after you have been charged with violation of a protective order, things are going to escalate. Each and every violation of the judge’s order can land you a new charge.
Don’t Call The Police Without First Talking To A Lawyer Even To Leave A Message: Depending on the allegation against you, even denying the allegation may serve as proof against you. If the victim claims that you left them a message but didn’t identify yourself in the message they may turn that message over to the officer as evidence against you. The police/State may not have enough to charge you because you didn’t identify yourself in the message, but the second you talk to the officer he will almost surely say that your voice matched the voice left on the message. All of a sudden you just inadvertently provided evidence to the officer to help confirm your identity.
Don’t Talk With Anyone Other Than A Lawyer About Your Case: You have the right to remain silent. Use it. If you confide in someone the details of your case and that person isn’t a lawyer, you are hurting your case. If the prosecution finds out that someone else has details of your criminal conduct they can force that person to come into court and make them testify about the information that you told them. The last thing you want is a “friend” or acquaintance coming into court to testify about you confessing to a crime. If you did something wrong, keep it between you and your lawyer.
Talk To A Criminal Defense Lawyer As Soon As Possible: If you are charged with violation of protective order talk to a criminal defense lawyer. Many times, violation of protective order cases are able to be successfully defended. Proving these types of cases can be difficult under the right situation. If you do not have a defensible case or are unwilling to defend the case your attorney can negotiate on your behalf to try to mitigate the damages. Often times a respected criminal defense lawyer can work out something with a prosecutor to avoid a conviction on your record and keep you out of jail.
Listen To Your Lawyer: Your lawyer is a professional, you hired him or her for a reason. Your lawyer should have experience with the court, judge and the prosecutor that is working on your case. If you don’t listen to your lawyer you will only make things more difficult on yourself. If you follow your lawyer’s advice and counsel your case will go a lot easier and you will receive a better outcome. If you find yourself charged with violating of a protection order, contact the experienced criminal defense lawyers at Roth Davies, LLC. We help clients with criminal cases in Johnson County and all municipalities within Johnson County.
How serious is a Violation of Protective Order Case?
The Kansas legislature has classified Violation of a Protective Order as a misdemeanor crime in nearly all cases. Misdemeanor crimes are divided into four different classifications. Each classification of misdemeanor crimes are assigned an appropriate punishment in accordance with their severity level. There are four categories with corresponding punishment maximums.
Class A- These are the highest severity level of misdemeanor crimes. Common class A misdemeanors include theft, second offense driving while intoxicated, second offense driving on a suspended license, second offense marijuana possession, second offense domestic battery, battery on a law enforcement officer and Violation of a Protective Order. The maximum punishment for a class A misdemeanor is up to 1 year in the county jail.
Class B- These are the second highest severity level misdemeanor crimes. Common class B misdemeanors are driving while intoxicated, driving on a suspended license, and domestic battery. The maximum punishment for a class B misdemeanor is up to 6 months in jail.
Class C- These are the least severe misdemeanor crimes. Common crimes that fall into this group are patronizing a prostitute or disorderly conduct. The punishment range for a class C misdemeanor is up to 30 days in jail.
Unclassified Misdemeanors- These are crimes that are not ranked in the above classifications. Each unclassified misdemeanor is assigned a specific punishment range usually listed in each particular law. The maximum possible range is up to 1 year in county jail.
To put it bluntly, a charge of Violation of a Protective Order is a serious deal. It is possible to get into more trouble for violating a protection order that is put in place than hitting your wife or husband during an argument. If you find yourself charged with Violation of a protective order you need the help of an experienced criminal defense lawyer from the outset. Depending on how the case is charged, if you are convicted you can lose your right to have a firearm. If you need help with a case like this feel free to contact the experienced criminal defense lawyers at Roth Davies for a free case evaluation.