If you have an Order of Protection against you, you must realize that any violation of said Order of Protection could result in a misdemeanor or felony charge against you. This is true even if the protected party initiated the contact or if neither party actually followed the Order of Protection. If the protected party continues to initiate contact, you must immediately go before the Judge to have the Order of Protection removed. If you don’t, and the complaining witness calls the police, you will be arrested immediately and will face criminal charges.
For a first violation, the charge is usually a misdemeanor unless the facts surrounding the violation warrant more aggravated charges. For repeated violations, however, they are treated as felonies which can result in jail time for more than one year. In these situations, it does not matter whether the complaining witness wants to proceed or not as the State has the power to prosecute you regardless. For these reasons, it is important that you realize the implications of entering into an Order of Protection and ensuring that you are not in violation of the Order of Protection. For example, some Orders of Protection spell out where you can or cannot be, while others simply prohibit “unlawful contact”. Knowing the parameters of the Order of Protection is very important as ignorance of the law is no defense.