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DAVID CLARK
Criminal Defense Attorney

Alleged violations often are reported by the person who has the restraining order so the domestic partner or the former domestic partner. That person will call the police, and the police will write a report, file charges, and arrest the person. If the person is still on the scene while violating the PFA, they will be arrested on the spot and taken for processing at the closest police district.

Speak to a knowledgeable restraining order attorney to learn about the rules of a stay-away order. The defense attorney could also explain the repercussions of violating a Philadelphia restraining or protective order.

Abiding by The Provisions Outlined in A Protective Order or Restraining Order

It is important to understand the specific instructions of a person’s restraining order or protection from abuse order because a violation can lead to a brand-new criminal charge and incarceration, particularly while they await the hearing. These hearings happen in room 6G, and they are sometimes heard by the same judge who granted the protection order in the first place. These violations can be confusing to people who have these orders because often they are only one-way orders.

In the case of a husband and a wife for example, if the wife has the restraining order against the husband, the wife can contact the husband, can text the husband, and send messages on the internet. However, if the husband responds in any way, and there is any record of that contact, that could lead to charges against the husband and not the wife. If there is only a one-way order and not a mutual stay-away order, the person who was ordered to stay away will be in trouble, the other person will not.

Prosecution’s Burden of Proof

A prosecutor must prove that there was a valid restraining order in place and that the service of the restraining order was proper so that the person read the restraining order against them, and they knew about it.

Also, they would have to prove that the person violated the specific terms of the order where there was no contact, no text, email, or phone communication.  In this case, it is a criminal case beyond the reasonable doubt that contact was made by the person identified in the restraining order, and it was during the time the restraining order was happening.

Criminal Repercussions for Violating A Protective Order

One of the repercussions of violating a Philadelphia restraining or protective order is that the defendant could be in contempt of court and face up to a six months sentence. Additionally, they could face bonds and six months of jail or probation for their violation under the restraining order. They can also be held pre-trial and incarcerated awaiting the hearing to see if they violated the restraining order.

How A Restraining Order Attorney Could Help

A person should contact a restraining order lawyer as soon as they are accused of this because this could become the first criminal contact for them. There are many repercussions of violating a Philadelphia restraining or protective order. A criminal record makes a person ineligible for certain jobs, professions, affects their employment as it is right now, their professional licenses, and it could cost them money in the form of fines, court appearances and other consequences of violating a restraining order.

This will also put them in a negative position, and depending on the circumstances, could lead to additional criminal charges such as burglary or assault, terrorist threats or recklessly endangering another person depending on the context and what is in the complaint against them. It is essential to contact a lawyer as soon as possible because you will need to be prepared to defend yourself at the very first hearing against the prosecution. Call today to discuss your case with a knowledgeable restraining order attorney.