Dealing with Violations of Restraining Orders: What You Need to Know
Posted on April 13, 2023 by John
A restraining order violation occurs when someone who has been issued a restraining order violates the terms of the order. Common violations include, but are not limited to, continuing to contact or harass the protected person, going to places where the protected person is likely to be, or interfering with the protected person’s ability to access services. Restraining order violations are serious matters and can result in criminal charges. If you’ve been accused of violating a restraining order, you should contact an attorney experienced in restraining order violation defense immediately to help with your case.
Restraining orders are court orders that usually prohibit the accused individual from going near, communicating with, or harassing the protected person. Depending on the terms of the order, a violation may occur if the accused goes to places where the protected person is likely to be, such as work, school, or other places they regularly go. The violation may also occur if the accused continues to contact or harass the protected person in any way, even if it’s through a third party. In many cases, the protected person will have to prove that the accused was aware of the restraining order and intentionally violated it for criminal charges to be filed.
Know Your Rights
If you are facing criminal charges for violating a restraining order, it’s important to understand that you have the right to a restraining order violation defense. Depending on the circumstances, your attorney may be able to challenge the evidence against you or argue that the alleged violation never occurred. If the prosecution can’t prove that you intentionally violated the restraining order, then the charges may be dropped or reduced.
In some cases, your attorney may also be able to argue that the restraining order is unconstitutional or was not issued properly. For example, if the order was issued without proper notice or a hearing, then it may be possible to challenge it in court. Your attorney may also be able to argue that the terms of the order were too broad or that the ruling was based on false or unreliable evidence.
Your attorney may also be able to argue that there were extenuating circumstances that caused you to violate the restraining order. For instance, if the protected person contacted you or initiated contact in some way, then it may be possible to argue that you were not in violation of the restraining order. Similarly, if the protected person asked you to go to a certain place, such as a medical appointment, then it may be possible to argue that you were not intentionally violating the order.
Finally, your attorney may be able to argue that the violation was unintentional or that you had a reasonable belief that the restraining order was no longer in place. This is especially true if the order has been in place for a long period and there have been no other violations.
No matter the circumstances of your case, it’s essential to speak with an experienced attorney as soon as possible.
The Legal Help You Need
At the Law Office of David Leicht, we specialize in providing superior legal representation to our clients in all matters related to criminal charges, including providing defense for those accused of violating a restraining order. We understand how difficult it can be for our clients to face the prospect of jail time, fines, and other consequences, and we are committed to providing the highest level of legal support to ensure that our client’s rights are protected.
Our attorney has decades of combined experience in restraining order violation defense, and we have the knowledge and expertise to craft the strongest defense possible for our clients. We understand the complexities of restraining order cases and are committed to providing the highest level of legal representation to protect our client’s rights and ensure the best possible outcome for our clients.
We understand that each case is unique, and we are dedicated to providing personalized legal services tailored to the specific needs of each case. If you or someone you know has been charged with a restraining order violation in Barstow, Victorville, Apple Valley, Hesperia, Adelanto, Baker, Needles, Lucerne Valley, Big Bear, San Bernardino, Mojave, Phelan, Wrightwood, and surrounding California communities.
Don’t hesitate—to contact the Law Office of David Leicht at (760)-256-3104 or use the online form to set up a free consultation and put the power of an experienced criminal defense attorney on your side. We are confident that we can provide the highest level of legal service and ensure the best possible outcome for our clients.
534 Barstow Road
Barstow, CA 92311