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A basic violation will qualify as a misdemeanor, which can result in 90 days in jail and fines up to $1,000. If the violation occurs within ten years of a previous domestic violence conviction, you can be charged with a gross misdemeanor. A conviction can lead to a year in prison, and fines of up to $3,000.
An order for protection differs from a harassment restraining order in that it's tailored specifically to victims of domestic abuse. These orders can be either temporary or permanent depending on the situation. However, the latter requires both parties attend a court hearing.
How do I contest an order for protection? The respondent can contest an OFP by requesting a hearing before the judge who issued a temporary or ex-parte OFP. At the hearing, both parties can present evidence, including witness testimony, in order to establish whether an OFP is necessary.
If you wish to change, extend, or cancel your order, you can file a Petition/Motion to Dismiss, Extend, or Modify Other Conditions of Order Of Protection. The court will set a date for a hearing and the abuser will be served with a copy of the motion and a request to be present.
A final restraining order will generally last up to two years. However, if you have had two or more previous restraining orders in effect against the same respondent or the respondent has violated a prior or existing restraining order on two or more occasions, your HRO can be issued for up to 50 years.
Penalties for Violating an Order of Protection A conviction can mean 90 days in jail and fines up to $1,000. Gross misdemeanor = If you have a prior conviction for domestic assault within the past ten years, you can face gross misdemeanor charges, which can mean up to one year in jail and fines up to $3,000.
The following are not available in MCRO, but are available through MPA Courthouse: a. Domestic Abuse (OFP) and Harassment Restraining Order (HRO) case types, which the federal Violence Against Women Act (VAWA) prohibits from displaying on the internet. b.