Repercussions of Violating a Stamford Restraining Order or a Protective Order
Individuals must understand and abide by the provisions of a restraining order. The repercussions of violating a Stamford restraining order or a protective order include facing felony charges. It is important to have a restraining order lawyer on a person’s side who understands the process. A distinguished domestic violence attorney can help guide the accused person through the steps of a restraining order case in order to help them prepare for potential life changes. Speaking with an attorney may be critical for your case.
If the person who requested the protective order believes the other person violated the order, they should call the police. Law enforcement can initiate the repercussions of violating a Stamford restraining order or a protective order should they find proof that that occurred. That is really their only avenue of addressing the issue.
The accuser can call the police and tell them that there is a protective order in place and explain how the other person violated the order. The police have a protective order database so they can look it up. For instance, it is a no-contact order and the person repeatedly contacts the accuser. The person should call the police to report a violation of a protective order and the other party can be charged with the violation.
Ex Parte Restraining Orders
If the respondent cannot be located or served for an ex parte restraining order, the person can extend another 14 days while an attempt is made to locate them. An ex parte restraining order does not really have an effect on a person’s criminal case. It is an added a layer protection for the protected party. An extension of a temporary order does not have an impact on a person’s criminal case.
Role of a Judge After Protective Order Violations
If the judge finds that a person violated the order, they are charged with the violation of a protective order. Repercussions of violating a Stamford restraining order or a protective order can lead to a felony with up to five years in jail for that violation. If a person commits a crime while violating the order, they are charged with the underlying crime and the violation of the protective order. Depending on the crime, the person can be sentenced to a greater amount of time in jail than the five years from the violation of the protective order.
Compiling Necessary Evidence for Restraining Order Cases
Evidence needed to demonstrate that a person did not violate the restraining order depends on the nature of the allegations and the alleged violation. For example, it is alleged that the person violated the order by contacting the other party when there was a no-contact order in place. It is important that the defense lawyer locates and obtains all types of communication to show there was no communication. Attorneys know that for the individual to face repercussions of violating a Stamford restraining order or a protective order there must be strong proof that this occurred.