Failure to Comply with a Court Order
When a judge issues an order, that order is legally binding. This means that anyone subject to the judge’s order has no choice but to follow the order, or they may face criminal charges. Failure to comply with a court order is a serious crime, and if you are convicted, you’ll end up with a criminal record. You may even be sentenced to a term of incarceration.
At the Law Office of James E. Novak, our dedicated Phoenix contempt lawyer has extensive experience helping good people get out of bad situations. We understand that there may have been a very good reason you failed to comply with a court order, and we are prepared to help you mount a defense designed to minimize the impact your case has on your life.What is Failure to Comply with a Court Order?
Under Arizona Revised Statutes §13-2810, there are several ways in which someone can commit the crime of contempt or, as it’s referred to in Arizona, “interfering with judicial proceedings.” However, the vast majority of the time, these cases involve allegations that someone violated an Order of Protection or Injunction Against Harassment.
Violating an Order of Protection or Injunction Against Harassment falls under A.R.S. §13-2810 (A)2, which provides that a person commits interfering with judicial proceedings they knowingly disobey or resist a lawful order, process or other mandate of the court.What Are the Punishments for Violating an Order of Protection or Injunction Against Harassment?
As with any violation of §13-2810, violating an Order of Protection or Injunction Against Harassment is considered a Class 1 misdemeanor. Class 1 misdemeanors are punishable by up to six months in jail, a fine of as much as $2,500, and up to three years of probation.Failure to Comply with a Court Order in Domestic Violence Cases
Most often, when prosecutors file charges of interfering with judicial proceedings, the case involves allegations of domestic violence. In these situations, a conviction for failing to comply with a court order can carry additional punishments, such as mandatory Anger Management classes or counseling sessions. Additionally, a violation of §13-2810 may constitute a separate “domestic violence offense.” Under A.R.S. §13-3601.02, if you have two prior domestic violence offenses within seven years, a third offense will be considered “Aggravated Domestic Violence,” which is a Class 5 felony, punishable by a presumptive prison term of 18 months.Defenses to Interfering with Judicial Proceedings
Defenses to interfering with judicial proceedings or violating an Order of Protection or Injunction Against Harassment include the following:
- You were not aware of the order;
- The order was not clear on its face;
- The allegations against you were exaggerated or fabricated;
- You lacked intent to violate the order;
- The order was not valid; and
- You were justified in violating the order.
Of course, every case is unique, and it is important to discuss your case with an experienced criminal defense lawyer to ensure your defense is appropriate, given the charges, and compelling.If You Have Been Charged with Failure to Comply with a Court Order in Phoenix, Attorney Novak Can Help
Allegations that you violated a court order are very serious. Judges tend to take violations of their orders personally and can come down hard on those they feel disrespected them or their position. Thus, if you are currently charged with failure to comply with a court order in Maricopa County, it is essential you have an experienced attorney by your side at every step of the way. At the Law Office of James E. Novak, we take pride in providing each of our clients with thoughtful, individualized representation designed to minimize the impact their case has on the rest of their lives. We are very familiar with the local Maricopa County judges and prosecutors and understand what defenses are most likely to be successful, when they apply, and how to effectively present them. To learn more, and to schedule a free consultation with a Maricopa County criminal defense attorney today, call Attorney Novak at (480) 413-1499. You can also connect with us through our secure online contact form.