Mesa Protective Orders Attorney
There are multiple ways that a person arrested or charged for domestic violence may be prohibited from contacting the alleged victim. Often, the court will impose release conditions mandating that the defendant does not go near the other person, which may prevent them from returning to their family. This can be the case even if the named victim, often the spouse, wants them home or did not want them arrested in the first place.
In other situations, a named victim may go to court to get an order of protection, which could restrict an accused person from contacting them past the end of the criminal case and trial. These types of court orders are fairly easy to obtain, but our persistent legal team is also skilled in challenging them. For more information on protective orders in Mesa domestic violence cases, it is recommended that you consult the knowledgeable domestic violence attorneys at Grand Canyon Law Group.
For a free legal consultation with an order of protection lawyer serving Mesa, call 480-400-5555
WHAT IS REQUIRED TO GET AN ORDER OF PROTECTION IN MESA?
Named victims in domestic violence cases often go to court to get orders of protection, usually because an officer tells them to. If granted, the court order places certain year-long restrictions on the person who is accused of domestic violence.
Typically, obtaining a protective order only requires a person to show the judge a date within the past year where they allege that domestic abuse took place. If the judge finds it credible, they will grant the order. However, an experienced lawyer at our firm could challenge the protective order and require that the accuser provide more proof of the domestic violence event.
Mesa Order Of Protection Lawyer Near Me 480-400-5555
PENALTIES FOR VIOLATING A PROTECTIVE ORDER
Usually, an order of protection does not have a significant effect on the criminal case. However, if a person violates an order of protection, it could constitute a new criminal offense, such as harassment, that would be included in the pending domestic violence case. These charges could be brought even for sending a simple text to the person with the protective order.
Violating court-mandated release conditions can also have serious consequences. For one, the court could return the person to jail and hold them without bond. The court may also consider the violation to be an interference with judicial proceedings and bring misdemeanor charges that could be penalized by up to six months in jail and a $2,500 fine. A protective order lawyer can explain the potential penalties in more detail.
COMMUNICATING THROUGH A DOMESTIC VIOLENCE PROTECTIVE ORDER
Beyond representing a Mesa resident in their domestic violence case and contesting unfair protective orders and release conditions, our skilled attorneys can also facilitate communication with the alleged victim. Although we cannot actively initiate contact, we can speak with them about the case if they reach out to us. In this way, the accused person does not risk violating the protective order or release conditions if the named victim wishes to relay a message.
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HOW ARE ALLEGED VIOLATIONS OF AN ORDER REPORTED?
The person who is protected by the order can report an alleged violation by calling the police. Additionally, the police themselves could take action if they believe a protective order is being violated. For instance, if somebody is prohibited from being at a particular address and law enforcement drives by and sees a vehicle that is not supposed to be there, they can stop and arrest that person for the violation.
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PROVING A PROTECTIVE ORDER VIOLATION
To prove a violation of a protective order in Mesa, the prosecutor must first establish what the terms of the order are. The prosecutor must also show that:
- There was an order in place
- The order was served on the person against whom the order is active
- The order had been served prior to that date
Showing up to an address, texting, emailing, or making any other kind of contact could violate the terms of a protective order. Law enforcement may contact someone who is believed to have violated a protective order and ask them if they showed up at the person’s house or reached out to them. Admitting to making contact with the person who requested the order makes it very easy for the prosecutor to build a case against you, so it is critical to avoid speaking with law enforcement without an experienced criminal attorney present.
CRIMINAL REPERCUSSIONS FOR VIOLATING AN ORDER
Penalties for violating a protective order in Mesa can vary. One may face charges for misdemeanor interference with judicial proceedings, which could result in up to six months in jail, up to a $2,500 fine, and up to three years probation. At the less severe end, penalties could consist of having to attend domestic violence classes.
In the case that there is more than one violation, an individual could be charged with aggravated harassment, which is a felony. This charge could result in prison time and steep financial penalties. The domestic violence aspect of this charge can also be damaging to one’s reputation. Consulting with an attorney early in the process can help mitigate the potential consequences of violating a protective order.
DISCUSS THE REPERCUSSIONS OF VIOLATING A PROTECTIVE ORDER WITH A MESA ATTORNEY
Domestic violence charges are a very sensitive area of the law. Saying the wrong thing to the wrong person at the wrong time can make a huge difference in the outcome of your case. If you have been charged with violating a protective order, it is crucial to retain the services of a skilled attorney before speaking with the police.
Hiring a knowledgeable domestic violence attorney as soon as possible can help protect you against the repercussions of violating a protective order in Mesa and prevent evidence from being created that paints you as guilty. Contact Grand Canyon Law Group today to get started.
SPEAK WITH AN ATTORNEY ABOUT PROTECTIVE ORDERS IN MESA DOMESTIC VIOLENCE CASES
Many people involved in domestic violence cases do not understand the nuances of protective orders and release conditions. However, these court orders can separate a person from their family and seriously impact their daily life and relationships during the pending trial.
The dedicated legal team at Grand Canyon Law has handled many of these cases, and we have a deep understanding of protective orders in Mesa domestic violence cases. Let us defend your rights and work to reduce the consequences of these charges against you. Call us today for a free consultation.
Call or text 480-400-5555 or complete a Free Case Evaluation form
