All About Protective Order Violation & Defense Law
Regarding domestic violence, the law is clear: victims can seek protection from their abusers through a protective order. These orders, also known as restraining orders, are meant to prevent further harm by legally prohibiting contact between the victim and the abuser. However, what happens when the accused violates the protective order? In such cases, a criminal defense lawyer can help defend the accused with the protective order defense law.
What is a Protective Order?
A protective order is a legal document prohibiting an individual from having contact with another person. This contact can include physical contact, phone calls, text messages, emails, or any other type of communication. Protective orders are typically issued in cases of domestic violence, stalking, or harassment and are intended to protect the victim from further harm.
The victim must petition the court to obtain a protective order. Suppose the court determines that the victim is in danger. In that case, it can issue a temporary protective order, which lasts for a specified period, typically 30 days. After this period, a hearing is held to decide whether a permanent protective order is necessary.
Violating a Protective Order
Violating a protective order is a serious offense and can result in criminal charges. If an individual violates a protective order, they can be arrested and charged with a misdemeanor or felony, depending on the severity of the violation. The consequences of violating a protective order can be significant, including fines, jail time, and a criminal record.
Defending Against Protective Order Violations
Suppose you have been accused of violating a protective order. In that case, it is essential to seek the guidance of a skilled criminal defense lawyer who can help defend against the accusations. A criminal defense lawyer can evaluate the evidence against you, assess the strength of the case, and work to develop a strong defense strategy.
One possible defense strategy is to argue that the protective order was improperly served. For a protective order to be enforceable, it must be properly served on the accused. Suppose the accused needed to be properly served with the protective order. In that case, it may not be valid, and any order violation would not be legally enforceable.
Another possible defense strategy is to argue that the accused did not know the protective order. To be guilty of violating a protective order, the accused must understand the order. If the accused can prove that they were unaware of the protective order, they may be able to avoid a conviction.
A criminal defense lawyer may also be able to challenge the evidence against the accused. In some cases, the evidence may be weak or circumstantial, and a skilled defense lawyer may be able to argue that there is not enough evidence to prove guilt beyond a reasonable doubt.
Finally, a criminal defense lawyer may be able to negotiate a plea deal on behalf of the accused. Depending on the circumstances of the case, a plea deal may be a viable option that can help the accused avoid the most severe consequences of a conviction.
Protective order violations are serious charges resulting in significant legal consequences, including fines, jail time, and a criminal record. As such, it is crucial for those facing such charges to seek the guidance of a skilled criminal defense lawyer who can help navigate the complexities of the legal system and defend against the accusations.