Consequences of Violating a Protective Order in New Haven
Whether an individual has a civil restraining order or a criminal protective order in New Haven, any violation of either can cause a number of significant consequences including a new arrest. In addition, it can affect the long term outcome of the case and can make a minor domestic violence offense into something much more serious.
Importance of Abiding By a Protective Order
It is very important that an individual subject to a New Haven restraining order or protective order, abides by that order to prevent further damage to their criminal case. It shows the court that the person takes the case seriously and is living up to the court’s requirements and can therefore be very beneficial towards resolving the case in a favorable way.
In contrast, if an individual does not live up to the obligation, the penalty can be severe. Therefore, it is in an individual’s interest to make sure that they abide by any restraining order or any protective order that is in place.
Penalties for Violating a Protective Order
If there is a civil restraining order or a criminal protective order in New Haven and a party believes it has been violated, that party will most likely contact the police. If they contact the police, the police engage in an investigation. If the police are able to establish probable cause for a violation, which requires only one person’s word, it is very possible they could seek an arrest.
If a judge finds that a civil restraining order or a criminal protective order is violated, the person is subject to arrest for a violation of a protective order. That carries up to 10 years in jail. So, the court takes the violation of a civil restraining order very seriously. In addition, there are immediate consequences in terms of bonds and a new arrest. The new bond requires additional costs to be bonded out.
Building a Defnese
The type of evidence a New Haven based protective order attorney might compile to present a defense depends on each individual case and the allegations. For example, if someone claims that the other party violated the protective order by sending a text or making a phone call, the protective order attorney will obtain the phone records first. That would be different however, when the person claims they were assaulted and the assault is the basis of the violation of the protective order. It really depends on each individual case and is evaluated on a case by case basis.
Benefit of An Attorney
When there is a new criminal case, the person must hire a New Haven protective order lawyer to get involved on that case. There are the immediate consequences associated with a new arrest, as well as long term consequences in the eyes of the court, so any violation is very serious. These severe consequences make it imperative for the accused to take action immediately and present the best possible defense from the very beginning.