Violating a Bucks County Restraining Order
When someone is caught violating a Bucks County restraining order, they can potentially face long term consequences such as jail time, longer probation period, and increased parameters for the restraining order. It is important for a person to understand and abide by all provisions outlined in a protective or restraining order.
If you are the subject of a protective order, an experienced restraining order lawyer who can assist you in determining the best course of action. A legal representative can examine the restraining order, assist you in building a solid defense, and prepare you for a court hearing. Violating a provision outlined in a protective or restraining order is serious in cases where there is a threat of violence or domestic abuse.
Understanding Provisions in a Protective Order
It is essential that an individual abides by all requirements of a Bucks County protective order at all times. Violating a Bucks County restraining order can lead to a contempt of court charge that can cause an individual to face criminal court proceedings in a manner that may lead to a sentence of five months and 29 days as well as long periods of probation and/or fines and costs.
In these cases, violating any term can cause a court to bring an individual into court and have a mini-trial. At that trial, a person could be found innocent and face no consequences or guilty and face a number of consequences. The consequences can carry criminal charges, a criminal record, and criminal consequences. Thus, such violations are not the type that should be taken lightly and can cause an individual to have loss of freedom and/or livelihood.
Abiding a Restraining Order
A person should always abide by the contents and restrictions of a restraining order in order to avoid the consequences of violating it. Should a person agree to such a restraining order by agreement and then the person goes against the agreement, a court can often treat that as a willful disregard for a prior agreement and the person often faces five months and 29 days’ incarceration and long periods of probation as well as fines and costs per violation.
Should the court order the sanction, the consequences can still be as severe for violating a Bucks County restraining order. Thus, an individual who is the subject of sanctions that have been placed upon him by the court should, when brought before for possible violations, should obtain the services of an experienced protection from abuse and/or stay away order attorney. Those requirements can be challenged and/or the violations can be explained away in a manner that is inconsistent with the person facing any incarceration or even violation.
Violating any Elements of the Command
Should an individual who is the petitioner of such an order or the respondent of a mutual order feel the other party has violated terms, these individuals should, through a legal attorney involved in the matter, filed before the Court of Common Pleas a motion for sanctions and/or violations of such protection from abuse lawyers. Additionally, it can be brought to the court’s attention to the district attorney’s office and/or police or other authorities who are involved in the possible investigation of such violations.
Once a court is placed on notice, the court will schedule a formal hearing and a small trial will take place, involving the alleged violations. Once, and if the violations are indicated by the court, then a person can be subject to contempt of court proceedings and/or fines and costs as well as five months and 29 days’ incarceration per violation. If a court wants to impose certain conditions, they can be put in writing to be mutual, which means the petitioner and the respondent are both required to stay away from one another and any sort of violation by either party, even the party filing the protection from abuse order, can then be heard before the court in a fair and impartial manner in a contempt proceeding.
Penalties for Violations
Simply stated, an individual who is accused of violating a Bucks County restraining order is subject to criminal contempt of court, that is, a criminal court can impose a sentence of five months and 29 days, followed by probation and fines and costs for each and every alleged violation. Violations must be argued vehemently, that is, the accused must have the ability to challenge such violations in order to avoid jail time and/or lengthy probationary sentences. Controlling the requirements and the actual powers that the court has when dealing with protection from abuse orders are essential. These orders can severely hamper an individual’s ability to live freely, to work freely and to socialize freely.
Hiring an Attorney
When someone violates their restraining order there can be harsh consequences. It is essential that someone understands and abides by the provisions of a restraining order. If they are caught breaking any of these outlined parameters, they will need to appear in court. There are several benefits to having local legal representation when someone is preparing for a hearing.
If you have been caught attempting to or violating a Bucks County restraining order, you should speak with your dedicated domestic violence attorney. They can evaluate the situation and assist you in determining the best legal defense.