English
Español586-11 Violation of an order for protection
(a) Whenever an order for protection is granted pursuant to this chapter, a respondent or person to be restrained who knowingly or intentionally violates the order for protection shall be guilty of a misdemeanor. A person convicted under this section shall be ordered by the court to complete an assessment at any available domestic violence program and shall complete a domestic violence intervention or anger management course as determined by the domestic violence program. The court additionally shall sentence a person convicted under this section as follows:
(1) For a first conviction for violation of the order for protection , the person shall be sentenced to a mandatory minimum jail sentence of no less than five days and be fined no less than $300 nor more than $500;
provided that any conviction for violation of a temporary restraining order under section 586-4(e), issued under the same judicial case number as the order for protection, shall be treated as a prior violation of an order for protection; and
(2) For the second and any subsequent conviction for violation of the order for protection that occurs after a first conviction for violation of the same order or conviction for a violation of the temporary restraining order under section 586-4(e), issued under the same judicial case number as the order for protection, the person shall be sentenced to a mandatory minimum jail sentence of no less than forty-five days and be fined no less than $500 nor more than $1,000;
provided that the court shall not sentence a defendant to pay a fine if the court makes an on-the-record determination that the defendant is or will be unable to pay the fine.
Upon conviction and sentencing of the defendant, the court shall order that the defendant immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that the defendant may be admitted to bail pending appeal pursuant to chapter 804. The court may stay the imposition of the sentence if special circumstances exist.
The court may suspend any jail sentence under paragraphs (1) and (2), upon condition that the defendant remain alcohol- and drug-free, conviction-free, and complete court-ordered assessments or intervention. Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor offense. All remedies for the enforcement of judgments shall apply to this chapter.
(b) Any fines collected pursuant to subsection (a) shall be deposited into the spouse and child abuse special account established under section 601-3.6.
