Violating a Maryland Protective Order
Protective orders are often put in place for the protection of the accuser in a domestic violence case. Because protective orders are dispensed through the court and are consented to by both parties, violations can have consequences, and the violator will be held responsible. In fact, those who violate a protective order may find themselves facing the possibility of jail time. If you have violated a protective order, it is best to seek the guidance of an adept attorney who has knowledge of the Maryland court system and will do their best to mitigate the damages associated with a violation of a Maryland protective order.
Importance of Following the Provisions of a Protective Order
Violating a Maryland protective order can lead to somebody being arrested, held in jail, and exposed to significant incarceration. Unlike most of the laws that are clear-cut, a protective order sometimes stipulates no contact which means no contact of any kind whatsoever. Even the slightest mistake can cause someone to sit in jail and be arrested. In this age, people do not fully understand the extent of a no contact order.
Often people will think not calling or meeting up with the other person is enough but it is not. No contact means any communications of any sort, not a text, not an email, not even a Facebook like. Further, the person cannot use a third party. If an individual tells their friend to give a message to the other person, that is contact and that will get them arrested and thrown in jail for violating a protective order.
It is that simple. It may seem trivial and petty at times when one thinks about what can be considered a violation. Even posting a comment on Facebook can be considered a violation. It is a difficult area for individuals. When individuals are closely related, have children together, or maybe see each other, it is mendacious to have some contact which seems benign in nature, but can be disastrous because it will lead to incarceration. If the person who requested the protective order thinks that the person has violated the order, they can call the police and that is important. It is that easy.
Evidence to Prove the Order Was Not Violated
The kind of evidence an attorney will need to prove that someone is not guilty of violating their Maryland protective order depends on the allegation. If it is an allegation that someone came or somebody shoves them, that is one thing. If there is video, and there is a conflict, it is important to have a witness. If they have an alibi, the lawyer can prove where the person really was. If it was an email, it is important to know what the email was about, and who sent it. It is a matter of what is the verification that the person actually did the contact. These are some of the things an attorney could do when building a defense.
Consequences of Violating an Order
If the person commits the crime against a person, that is a violation of the order. There are times that a phone call counts as contact and can be a violation of an order. However, other times, there could be an assault. That is a new crime as well as violating a Maryland protective order. If that is the case, the person is not just facing the charge of violating a protective order but also facing the charge of whatever the crime may be. They can be exposed to significantly more incarceration if that is the case. Also, if a judge finds that a person has violated the order, the person could be put on probation or incarcerated.
Violating the order or committing the crime can serve as aggravating factors, depending on the crime itself. If the crime is minimal, such as a theft under $100, it only carries a maximum of 90 days’ incarceration for the person who stole from the person that has a protective order. That is not overly concerning, and most likely the violation is going to be the issue. If somebody commits a second-degree assault, which carries 10 years’ incarceration, that will most certainly be considered the more serious offense.
Aggravating Factors
If a judge finds that someone has violated the order, they could put them in jail for a period of months. It is actually 90 days incarceration for a first offense, basically three months, but if it is a second or subsequent offense, it is up to a year incarceration. If a judge finds out that a person committed a crime while violating the order, they have a new crime but it is still the same maximum penalty. Violating a Maryland protective order typically is not as much of an aggravating factor as committing the crime is. Most likely, the new crime is going to be the more serious because most criminal offenses carry more than 90 days in jail potentially.
Any act against the person that is criminal in nature. there is virtually nothing on there that carries less possible incarceration than 90 days. If someone is convicted of assault, even second degree, that carries 10 years incarceration. If someone commits a burglary or a theft those generally all carry more. Theft under $100 does not carry more but, typically speaking, the underlying new offense is usually more problematic. As far as a protective order is concerned, if the protective order was violated because a text message was sent or it was violated for being pushed, it is going to be a very different result in front of the judge for the violation.
Contacting a Lawyer
A lawyer can be a great help because very frequently, things are blown of proportion and accusers or defendants are baited into the contact. Unfortunately, there is nothing against the law for a person who has a protective order to contact that the person whom they filed it against. They will call or they will text the person and then when the person responds, a violation gets them arrested. Violating a Maryland protective order can add onto already existing penalties. Only an attorney that has handled these types of cases will know how to properly defend, represent, and address the allegations. They will have relationships with the prosecutors, be familiar with the tendency of the courts, and know what likely results that may come from it.