While a misdemeanor crime in most instances, violation of a restraining order may also be increased to include a felony charge, depending on what occurred when the violation happened. Retraining orders, either as temporary orders or as a restraining order as part of a previous court issue, are designed to keep parties apart. Violating the terms of the restraining order by contacting, approaching or coming within a specific distance of the person, their residence or their place of employment can all be aspects of violating a restraining order.
Violation Of A Restraining Order Penalties
There are several possible penalties that can be imposed with violation of a restraining order charges. Typically the individual will be arrested and placed in jail, at least immediately after the alleged violation occurs. If other charges are filed in conjunction with the violation of a restraining order the penalties can be much more significant.
Possible Penalties
- Jail Time
- Fine
- Court ordered counseling, domestic violence or anger management classes
Violation Of A Restraining Order Sentencing
In most cases the judge will consider any and all mitigating circumstances as well as the actual violation of the order when determining sentencing issues. Since restraining orders are designed to prevent any possible issues between parties, violation of a restraining order is seen as a significant issue by most judges. Working with an attorney experienced in defending these types of charges can help in describing mitigating factors that may even lead to dismissal of the charges.
Can An Attorney Help With Violation Of A Restraining Order Charges?
With these types of charges it is essential to have professional legal representation. A criminal defense attorney will be able to effectively present your case in court and minimize the chances of the most significant penalties being imposed. In addition the attorney may be able to plea bargain on your behalf to have the charges reduced, agree to participate in a counseling program, or have the charges dismissed prior to the hearing.
- If you have been charged with Violating a Restraining Order, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
