What Happens If I Am Accused Of Violating A Protective Order?
Violating a protective order is a Class A misdemeanor punishable by up to by a year in County jail and up to a $4000 fine. If the complainant or the alleged victim in your pending domestic violence case or the protected party of a protective order makes an allegation to law enforcement of the prosecutors that you have violated the order, a warrant may be issued for your arrest. Just because you have been accused doesn’t mean that you are guilty or that you have been found guilty, convictions are dependent upon proof. Just because the protected party says that you’ve been driving by their house or that you’ve been calling them may not be sufficient to result in a conviction in the case. A lot of times these allegations are made but the person who is making the allegations has biases that can be revealed in court to prevent the conviction; but if they have substantiated proof such as phone records, text message logs, emails, video recordings of you violating a protective order, it’d be difficult to defend against these types of cases and easy for the prosecutors to stand up in front of a jury and demand a maximum sentence based on somebody evidencing their inability or unwillingness to follow a court’s order, especially when it involves accusations of a domestic partner.
Usually, when there is a protective order there is some other legal situation going on too, whether it’s a protective order that’s issued pursuant to a family law case involving custody or child support, or if it’s involving a criminal case involving allegations of threats, harassment, or assault. If there is a protective order and you get accused of violating it, this can give the prosecutors leverage on the underlying criminal case. We ask you to cooperate in your defense and not to violate the protective order, to not give the prosecutors leverage in your case, and to help us get the best result and outcome that you deserve.
For more information on Consequences Of Protective Order Violation, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 478-9898 today.
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