Violation of Protective Orders

Violation of Protective Orders

A violation of protective orders can be a much more serious legal issue than many individuals realize. While it is classified as a misdemeanor, the ramifications of violating a protective order can result in a range of punishments and the ability of an officer to arrest the violator solely on testimony from the primary protected person, or even someone who has knowledge of an attempt at communication. The order is effectively a court directive establishing that the principle named perpetrator has threatened or attacked the individual requesting the order and there is a possibility that an altercation endangering the requesting party may occur in the future. The order effectively allows the state to press additional charges of contempt of court when it is directly violated. These cases are not always simple, and it is always best to have a criminal defense attorney representing the case for anyone accused of a violation of protective orders.

Testimony in a Violation of Protective Orders

Problems with suspected violation of protective orders often arise on exaggerated claims, especially when the need for the order could be questioned anyway. It does not take much evidence to result in the issuance of a protective order, even though many are reasonable legal orders that may protect the requesting party to some degree. Even the request for protection can be frivolous testimony that over-describes altercations that do not result in verifiable personal injury. The court will conduct a separate hearing to consider the issuance of the order, and it is important to have a criminal defense attorney representing a case for the defendant regardless of the serious nature of the complaining party’s version of events. The defendant legal rights can be violated quickly when hearsay evidence is being presented. And, it is not unusual for a complaining party to have a corroborating witness when a lack of physical evidence exists. A criminal defense attorney can stress this fact in defending a charge for violation of protective orders.

Punishment and Stigma

Many protective orders are issued as a diversion to actually charging the primary aggressor when all evidence is oral. Protective orders are also commonly issued when there is a valid and clear case of assault or battery and charges have been properly filed. Fines and certain educational requirements can be applied, with fines being assessed according to the criminal code classification schedule. Jail time can also be a result in serious cases of violation of protective orders, especially when the primary individual physically attacks the requesting party in the violation process. Even having a protection order placed against an individual can create problems in the future when being considered for certain employment or public housing. While some punishments can be nominal in a typical minimal stress order case, orders can stay in place for up to two years and merely inadvertently being around the requesting party could technically be a violation. These types of issues can mean multiple hearings even in borderline order cases, all of which should be attended with legal counsel.

Never go to court over a protective order violation in Texas without an experienced criminal defense attorney like the professionals at Smith & Vinson Law Firm in Austin. The cases are rarely simple and always unique in some aspects, even though the violation claims are often very general. Always take an attorney who will protect your legal rights to defense of any claims whether they are criminal or not. It is an investment in your character as well as your freedom and criminal record diversion.