Violation of Protective Order Texas
Austin Attorneys for Protective Order Defense
A violation of protective orders can be a much more serious legal issue than many individuals realize. While it is classified as a misdemeanor, the ramifications of violating a protective order can result in a range of punishments and the ability of an officer to arrest the violator solely on testimony from the primary protected person, or even someone who has knowledge of an attempt at communication. The order is effectively a court directive establishing that the principle named perpetrator has threatened or attacked the individual requesting the order and there is a possibility that an altercation endangering the requesting party may occur in the future. The order effectively allows the state to press additional charges of contempt of court when it is directly violated. These cases are not always simple, and it is always best to have a Austin protective order violation attorney representing the case for anyone accused of a violation of protective orders.
Call the firm today at (512) 359-3743 to schedule a free consultation!
Testimony in a Violation of Protective Orders
Problems with suspected violation of protective orders often arise on exaggerated claims, especially when the need for the order could be questioned anyway. It does not take much evidence to result in the issuance of a protective order, even though many are reasonable legal orders that may protect the requesting party to some degree. Even the request for protection can be frivolous testimony that over-describes altercations that do not result in verifiable personal injury.
The court will conduct a separate hearing to consider the issuance of the order, and it is important to have a Austin protective order violation attorney representing a case for the defendant regardless of the serious nature of the complaining party’s version of events. The defendant legal rights can be violated quickly when hearsay evidence is being presented. And, it is not unusual for a complaining party to have a corroborating witness when a lack of physical evidence exists. An Austin protective order violation attorney can stress this fact in defending a charge for violation of protective orders in Texas.
Punishment & Stigma
Many protective orders are issued as a diversion to actually charging the primary aggressor when all evidence is oral. Protective orders are also commonly issued when there is a valid and clear case of assault or battery and charges have been properly filed. Fines and certain educational requirements can be applied, with fines being assessed according to the criminal code classification schedule. Jail time can also be a result in serious cases of violation of protective orders, especially when the primary individual physically attacks the requesting party in the violation process.
Even having a protection order placed against an individual can create problems in the future when being considered for certain employment or public housing. While some punishments can be nominal in a typical minimal stress order case, orders can stay in place for up to two years and merely inadvertently being around the requesting party could technically be a violation. These types of issues can mean multiple hearings even in borderline order cases, all of which should be attended with legal counsel.
Never go to court over a protective order violation in Texas without an experienced defense attorney like the professionals at Smith & Vinson Law Firm. The cases are rarely simple and always unique in some aspects, even though the violation claims are often very general. Always take an Austin protective order violation attorney who will protect your legal rights to defense of any claims whether they are criminal or not. It is an investment in your character as well as your freedom and criminal record diversion.
Call our Austin protective order violation lawyers today at (512) 359-3743 to schedule your free initial consultation.
Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
Case Dismissed Possession of Controlled Substance
Our client picked up a prostitute and was later pulled over for failing to signal. The police let the woman go, but found cocaine in the car on the passenger side and charged our client with possession of a controlled substance.
Deferred Adjudication Aggravated Assault Family Violence w/ Serious Bodily Injury
Our client was involved in a domestic altercation that resulted in one of the parties sustaining a very serious life -altering injury that required serious medical intervention. We took the case and approached our defense with heavy strong willed negotiations with the State.
Case Dismissed; Charges Reduced Felony DWI
Our client was arrested for her fourth DWI with an alleged BAC of 0.168. The State aggressively prosecuted this case and sought prison time. We were able to work with the client on a mitigation strategy that resulted in the State agreeing to drop the felony and offer probation on a misdemeanor, keeping the client out of jail.
Case Dismissed Juvenile Sex Assault
Our client, a young girl, was accused of sexually assaulting her young female cousin. Our client was a good student and was involved in a number of youth and school activities. She had a bright future ahead of her and she and her parents were understandably terrified that an accusation like this could ruin her life forever.
Case Dismissed Assault Family Violence
Our client was charged with Assault Family Violence after an argument with his girlfriend in their shared residence. At the time of his arrest our Client was a young father who also worked for the city. Having this charge put him as risk of losing a custody battle for his child and his stable employment.