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Facing Charges for Violations
of a Protection Order?
Protect Your Freedom
Before Time Runs Out.

Violation of Protective Orders

Austin Criminal Defense Attorneys

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 criminal defense attorney representing the case for anyone accused of a violation of protective orders.

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 criminal defense 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. A criminal defense attorney can stress this fact in defending a charge for violation of protective orders.

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 criminal 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 criminal defense 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 the firm today at (512) 359-3743 to schedule your free initial consultation.

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    “Jarrod has worked on both sides of the judicial divide, both prosecutor and defender, and is well-positioned to evaluate a client’s chances and recommend what to do about them. I first met when he was Jarrod dedicated and diligent member of South Texas Law Review. He was dedicated because he volunteered as an assistant editor-in-chief. He was diligent because he pitched in during semester breaks. I know Jarrod has the temperament of a great advocate.”

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    “Pay them, be honest with them and communicate with them and they will fix your mistake. Plain and simple. Charged 1st DWI offense. Called in. Told them scenario. Worked with payment methods (very important) .I had numerous lawyers to choose from. 110% glad I chose Jarrod to represent and fight for me. Throughout whole process I had the utmost confidence in Mr. Smith and his work. the goal when we first met was to "get the DWI dismissed" and that is exactly what happened. mission accomplished. if you need a DWI removed call jarrod”

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    “I hired Brad Vinson to handle a legal matter and I could not have made a better decision! Brad was attentive, listened to the facts of the case, and strategized a plan that would lead to the best result possible. Brad was communicative, available, and ultimately delivered on what he stated he would do. During this process, there were no unexpected hiccups because Brad understands the law, and understands how to defend his clients. There is no doubt that I would recommend Brad and the whole team at Smith & Vinson to represent any individual that needs legal representation. The whole team is fantastic, and delivers fantastic results.”

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