Violating a Protective Order in Howard County

Violations for a protective order carry up to 90 days’ incarceration and it can very difficult to challenge the allegations of the violation because it takes so little to violate them. If an individual has violated their protective order, they should speak with a domestic violence lawyer experienced with protective order cases regarding the potential consequences.

Suspecting Violation

If the person who requested a protective order suspects that the other person has violated that order, all they need to do is call the police and report the incident. If someone has a protective order against them and they are accused of sending three text messages on three separate days, that is three separate charges even if it is just to wish them a happy birthday.

They could be arrested and face 90 days in jail for each offense and can sit in jail and likely will sit in jail for a period of time before being released, even if they ultimately prevail on the charges themselves. Someone has to be very careful on knowing what they cannot do and what it means.

Repercussions of Violation

Even if there was a criminal charge that accompanied the protective order that they were found not guilty of, a protective order can still be in place for a lower threshold and it can mean a fine for the person who violates or can give them a criminal record because it is 90 days in jail alone for every instance, so it is still a very serious matter.

Violating a protective order in Howard County is a separate independent crime, they will be charged and they will be prosecuted for it. Depending on the aggravating factors, because the other charge is that one of the crimes are committed but each instance of a violation, every phone call, every text, every communication can be an individual and separate charge that can be prosecuted for and there are separate penalties for each one.

Compiling Evidence

A defendant has the burden of proof. The state and prosecutor have the burden of proving that a person did violate, it is not upon the defendant to prove they did not violate. Any exonerating evidence a person might have can be helpful in creating doubt and raise the question of whether the state has met its burden of proof.

If a person, for example, is accused of driving by somebody’s house on a certain time of day and there are records, phone records or work records or whatever it may be, that the person was out of state traveling, then bringing those in can undermine the state’s case and get a person found not guilty.

Contacting a Howard County Lawyer

Because each individual faces a significant incarceration and sanctions and a criminal record by virtue of being charged for every instance, only a Howard County attorney who has dealt with these locally would understand what the ramifications are, how to best defend it, and how prosecutors and judges treat these violations. If you are facing additional penalties for violating a protective order in Howard County, the help of an attorney can be essential.