Consequences of Breaking a Temporary Protective Order (TPO)
If I am served with a temporary protective order and within 24 hours of being served, I angrily break the order by making contact, and am subsequently arrested; does that automatically hurt my case at the return hearing and allow the judge to immediately make the order permanent?
Yes, violation of the TPO will certainly hurt your case, and you will have an uphill battle. However, that does not allow the court to automatically make it permanent. You are still entitled to your Due Process rights and have a right to a hearing on whether or not the TPO should be made permanent. At the hearing to make it permanent, the complaining party will have to prove that there was a basis for the issuance of the TPO, and that absent a permanent protection order, the conduct giving rise to the initial TPO will continue.
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