Skilled Defense for Restraining Order Violation Charges
Domestic violence cases typically come up in one of two ways: an arrest at the scene of an apparent domestic assault, or an arrest warrant issued on a charge of violating a restraining order. In the latter case, an actual assault or battery might never have taken place, but a phone call or e-mail in violation of the terms of a no-contact order could expose you to criminal consequences.
Expert Advice About Restraining Orders
The easiest way to avoid restraining order charges is to get rid of the order as quickly as possible. A judge issues most orders for protection after hearing only from the complaining witness or alleged victim. The order is served upon that individual restraining them from further contact. After this service, there is a risk of criminal prosecution for violating any of its terms.
If you have been served with a restraining order, you have the right to a hearing within 15 days to show that it should never have been issued or to get the terms modified. It is usually a good idea to schedule and appear at this hearing with legal counsel to get out from under the burdens of the restraining order.
As long as it remains in effect, you could face arrest and prosecution for any of the following:
- Visiting the victim’s home or workplace
- Telephone calls
- Stalking behavior
- Threatening statements
- Any other conduct specifically prohibited by the restraining order
Whether you are involved in a separation, divorce or troubled relationship, our objective is to find the best legal solution for you. We will consider how the arrest or a potential domestic violence conviction or guilty plea could affect your career, professional license, or other important considerations in your life. Our strategy for your defense will reflect the demands of your particular situation.