A restraining order, also called a protection order, may be issued to keep one person from contacting another person or to keep one person away from another person. These types of orders are often granted if someone is being stalked or involved in a domestic violence situation. If you have a restraining order issued against you, and you violate the terms of that order, you may be facing jail time. However, in some cases, you may be charged with a violation even though you did nothing wrong.
Here are a few common defenses a criminal defense lawyer can raise if you find yourself in this situation.
You Were Not Properly Served With the Restraining Order
One of the defenses that a criminal defense lawyer may raise if you are charged with violating a restraining order is that the restraining order was not properly served. The laws for serving a restraining order vary from county to county. But, if the laws in your county were not filed, and the restraining order was not properly served, you are not bound by the terms of the order. As such, you could not have violated it.
You Did Not Intend on Violating the Restraining Order
Another common defense that a criminal defense lawyer may raise for restraining order violations is that you did not intend on violating the restraining order. You are supposed to stay away from the victim, but in some cases, you may run into the individual at a grocery store, restaurant, or mall. If you unknowingly run into the individual in a public setting, your lawyer will likely use this defense for your case.
There Is No Proof a Violation Occurred
The final defense that a criminal defense attorney may raise for a restraining order violation is that there is no proof a violation occurred. The victim may state that you drove by their house or they saw you at their place of work and that may trigger a violation. But, if there is no proof this happened, or if your attorney can show you were somewhere else at the time this violation happened, an attorney may be able to raise reasonable doubt that a violation ever happened.
If you have been charged with a restraining order violation, it is important to reach out to a criminal defense lawyer or law firm as quickly as possible. They can gather evidence and come up with a defense that may help to show that you did not violate the restraining order. Reach out to a local lawyer for a consultation today.