Baltimore Restraining Order Lawyer
There are many misconceptions regarding restraining orders. Restraining orders typically prevent the involved parties from interacting with each other. If you have been accused of a domestic violence offense, it is vital that you follow the rules set forth in the restraining order, in order to avoid further implicating yourself and harming your case. A skilled domestic violence attorney could fight to ensure that your rights are protected. Consult a Baltimore restraining order lawyer to learn more.
Consequences of Violating a Protective Order
If someone violates a protective order, they could be arrested and even incarcerated. If someone is arrested for most offenses, whether it is drug possession, a DUI, officers can give them what is called discretionary release, meaning the police officers release the accused or, if the officers are willing, they can go see a commissioner.
A commissioner is a public servant that reviews a case and decides whether a person could be released, given a bond and go home. In a protective order, neither the police nor commissioner can procure or can authorize a bond, meaning even if the charge is false and even if the person is ultimately exonerated, if somebody is arrested, they can sit in jail for days before even having a chance to get their release. A Baltimore restraining order lawyer could work diligently in an attempt to get the individual released.
Ex Parte Restraining Orders
Peace orders and protective orders are ex parte. Ex parte just means single party. An ex parte order is a protective order or peace order. If a person files for either a peace or a protective order, they have to be what is called a person eligible for release. A protective order lasts up to a year. A peace order lasts up to six months. To be a person eligible for release, they have to be either the victim of threats, harassment, stalking, Internet harassment, or, most commonly, any level of assault or any assault in any degree.
Impact Restraining Orders Have in Criminal Cases
Typically, restraining orders do not directly impact the criminal case because it is a lower burden of proof. A protective order is much easier to get than a peace order or a conviction for a criminal case. Generally, someone commits an assault, they are charged criminally and then have a protective order filed against them or a peace order. In that situation, a person could be found not guilty in the criminal case but could very easily have a protective order against them because the threshold of what they have to prove is so much lower. It usually works in the reverse.
Potential Issues With Restraining Orders
However, as many Baltimore restraining order lawyers know, issues can arise if an individual refuses to take the restraining order seriously. If a protective order is filed, a person could either not show up at court and if the person agrees with the defendant then does not show up in court and if the person who files it presents enough evidence, the judge gives it to them. If they do show up at court, however, they have two options. They can either challenge it or they can agree to it. It is an open court; if it is agreed upon, not a problem. This will not affect a criminal case.
However, if they challenge the order and if they testify, there is a risk that anything they say can later be used against them in the criminal case because what they are saying is under oath. It is typically inadvisable for the person who has a pending criminal case to challenge and testify in a protective hearing because of the danger that something they said might be used against them. It is not advisable. They are better off not testifying.
Value of Working With a Baltimore Restraining Order Lawyer
Initially, you might be wary to contact a Baltimore restraining order lawyer, but these attorneys can be instrumental in your case. Even if you believe that you want to leave somebody alone and have no problem following the order, very frequently, a judge can order far more oppressive type of requirements such as paying support to the other person, having you undergo certain evaluations, counseling, treatment even, giving up firearms, or not being able to even go to a certain location that you may have frequented before. A capable and experienced lawyer could fight to ensure that your rights are protected.