Violating Protective Orders In Columbia

When someone has had a protective or restraining order filed against them, it is critical for them to understand and abide by the provisions outlined in the order. If you violate the order, you face new misdemeanor or felony charges. Violating protective orders in Columbia is taken very seriously by prosecutors. If you have been charged with violating a protective order, you may want to contact a seasoned defense lawyer today. An attorney could evaluate your case and stand by your side throughout the legal process.

What to do When Someone Violates an Order

When a petitioner has filed a protective order against another person and they believe that other person violated the order, they should contact law enforcement immediately. The petitioner may also want to contact the court too. The judge could rule for a contempt violation of the order and have a hearing on the issue or make a determination on whether the order was violated or not.

Evidence of Violating an Order

There are several pieces of evidence needed to demonstrate that a person did or did not violate a protective could. This is why it is so important that someone accused of violating protective orders in Columbia to obtain an experienced attorney as soon as possible. The lawyer can asses the credibility of the issues. They will conduct their own independent investigation and prepare to present the best argument possible to defend the alleged violation.

Criminal Consequences for Violating the Order

When someone violates a restraining or protective order, they are looking at either misdemeanor or felony charges. The level of the charge depends on the circumstances of the case. A misdemeanor for violating a restraining order is punishable by up to three years in prison. The penalty for a felony is a maximum prison sentence of up to five years.

A misdemeanor for violating a protective order carries a penalty of up to 30 days in jail. If the individual committed a crime while violating the order, then they will face an additional criminal charge along with the violation of an order. The judge has the opportunity to revoke bond or find that the violations of the previous order were willful and might put the alleged offender in jail.

Aggravating Factors

An aggravating factor may occur when someone blatantly and willfully disregards an order of the court to the underlying offense of domestic violence. This could turn into a much more serious situation for the person because the judge may see that the person poses a danger to the petitioner. Also, the individual’s bonding company may have an issue about whether the person is complying with the terms of their bond.

How a Columbia Protective Order Attorney Could Help

Anyone accused of violating protective orders in Columbia should contact a protective order immediately because the attorney will have experience defending people faced with these charges. The lawyer will also have experience fighting for someone who is pushing to obtain a protective order. Legal counsel could help by guiding the individual through the process to ensure they do not make any mistakes and everything is handled properly. The process can be difficult, therefore, having an accomplished defense attorney may be in your best interests.