Violation of Restraining Orders

Violating an Order for Protection in Honolulu

Let's face it, relationships are not easy. It is not uncommon for one spouse to secure a protective order against their husband or wife after a domestic dispute. If someone has taken a restraining order out against you and you have been accused of violating that order, you may be found guilty of a misdemeanor offense, resulting in unwanted repercussions.

At The Law Office of Victor Bakke, ALC, we understand that domestic dispute cases often involve false accusations, especially when they occur during divorce proceedings or in the midst of a child custody battle. As a former prosecutor who has won over 3,000 criminal cases, Attorney Bakke knows how to defend all types of domestic violence cases.

What are the penalties?

In Hawaii, people are supposed to have a right to live in a safe environment, free from the threat of harm from a family member or spouse. If someone engages in a pattern of physical, verbal, or sexual harassment, the victim can seek a restraining order against the offender.

Under Section 586-11, whenever a person restrained knowingly or intentionally violates an order of protection, he or she is guilty of a misdemeanor. If the protective order violation is in the nature of domestic abuse and it is a first offense, the offender faces:

• A minimum 48 hour jail sentence
• Up to a $500 fine

For a second violation of a protective order, the offender faces a minimum of 30 days in jail and up to $1,000 in fines. Subsequent violations after the second violation of the same order result in a mandatory minimum 30 day jail sentence and a maximum fine of $1,000.

Are you in legal trouble? Call today!

In addition to the above, as a condition of probation, the court may prohibit contact with the protected party by establishing court-defined geographic exclusion zones such as the areas around the victim's residence, employment, or school, and order that the offender wear a global positioning satellite tracking device. If you are being accused of violating a restraining order, we urge you to contact our Honolulu criminal defense attorney right away.

Attorney Bakke has extensive experience defending domestic violence cases. He welcomes the opportunity to defend you. Contact our office today to learn more.