A restraining order, otherwise known as a stay-away order, is granted and enforced by the court is a criminal order. That is, it is an order that supersedes any other civil order. This is a criminal order that keeps one party away from another party. Should the need arise, contact an experienced restraining order lawyer to discuss the impact of a Bucks county restraining order as soon as possible.
The impact of a Bucks County restraining order is such that, should a person violate the terms, the court has the authority to impose a contempt sentence for each and every violation in excess of five months and 29 days’ incarceration, as well as periods of probation and fines and costs.
Other orders are simply civil orders. Civil orders do not often carry incarceration with them. Violations such as these, however, with the criminal contempt of court behind the courts often lead to severe consequences that can affect the livelihood and freedom of the accused.
A restraining order can impact a criminal case by causing an accused to have their matter heard on another level, thus causing a conviction in the criminal case. In other words, any sort of order by a court validating a protection from an abuse order can often be referenced in a criminal case, thus biasing any judge or a jury when making a determination of credibility on whether or not a particular incident occurred in a criminal matter.
In most cases, a criminal matter will precede the protection from an abuse order’s formal ruling and that is in order to protect the Constitution and the bias from entering a particular matter and having a person convicted merely because an emergency protection order or abuse order has been signed by a court, thus acting as a valid concern and thus becoming evidence against an accused. Anyone who finds themselves on the receiving end of this penalty should contact a local lawyer to discuss the impact of a Bucks County restraining order as soon as possible.
An accused cannot respond to such protection from abuse order with the advice of counsel, thus hoping that the Fifth Amendment right to remain silent cannot be used against a particular individual. It is balancing a person’s right to be heard with the protections offered in a criminal case that warrants the protection from abuse order to be postponed, pending the disposition of the criminal matter.
The typical restraining order or stay away order in Bucks County requires the individual that is the subject of such order to physically or socially stay away from the petitioner, that is, the person accused of committing such crime or acting in a particular way who can be ordered to have no physical or social contact with the individual. The specific details are those that can be worked out between counsels when having the matter heard before the Court of Common Pleas and a judge of said court.
Additionally, a judge can order, based upon what evidence is presented, additional sanctions or requirements that keep the parties apart. Should any individual attempt to violate such order, whether it be by physical presence or attacking another through social media, for example, the courts then have the authority to impose sanctions or incarceration for violation or contempt hearings of a court’s order. The impact of a Bucks County restraining order is significant. However, with the help of a skilled attorney, it may be possible to decrease the severity of the order and achieve a better outcome overall.
David Clark Attorney at Law