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What if I am accused of violating a protective order?

On Behalf of | Mar 25, 2022 | Domestic Violence

Domestic violence allegations are a very serious matter and can have a negative impact on people throughout Elk Grove, El Dorado Hills, Gold River and the neighboring areas. This is especially true for prominent people in the community whose reputation is important to them personally and professionally. For those who have been confronted with these challenges, there might have been a protective order put in place after the domestic violence arrest. If it is alleged that the order was violated, the law and potential penalties should be known as part of an aggressive defense.

Understanding protective orders and penalties for violating them

With a protective order, there are penalties for a violation that should be understood. If the protective order was violated intentionally while the person was aware that it was in place, it will be a misdemeanor with a fine of $1,000 and the possibility of incarceration of up to one year. It could be both the fine and jail time. When there was an altercation and the victim was physically injured, there can be a fine of $2,000 and 30 days to one year in jail or both. Simply violating the order by going to the family home can be enough to spark an arrest.

While the order should be adhered to, an allegation that it was violated does not automatically mean the accusations are true. There is such a negative connotation to accusations of domestic violence that anyone can have face long-term repercussions because of it. There might have been a simple misunderstanding that led to law enforcement being called and making an arrest even though the incident was not that serious.

After an alleged restraining order violation, a legal defense will be essential

With a restraining order, the person might have gone to the home for a legitimate reason with the permission of the other person and a dispute erupted with another arrest based on the restraining order. With the penalties that can accrue, people accused in these cases must be shielded and formulate a strong defense. Whether it is due to domestic violence or other accusations related to the restraining order, knowing the consequences and how to craft a defense is crucial. This can help them to avoid the worst consequences and move forward.