Violations of Mecklenburg County Protective Orders
Protective orders in Mecklenburg County are issued to protect one party from an imminent threat of, danger of, or actual act of violence or assault against them. These orders are given by a court and are legally binding. Any activity against the order’s stipulations could qualify as a violation of a Mecklenburg County protective order. A seasoned protective order lawyer could clarify what qualifies as a violation of those orders, and potentially help you avoid violations.
When a Petitioner Believes the Respondent Has Violated an Order
If the person who requested a protective order (the petitioner) believes the order has been violated in any way, they have several actions available to them. This can include calling the police to start an investigation or potentially make an arrest. The petitioner could also go to the magistrate and write out a detailed statement about the conduct committed that they believe is in violation of the protective order. Based on that statement alone, the magistrate might issue a warrant for the arrest of the individual alleged to have violated the order.
Consequences of Violating a Protective Order
If someone has violated a protective order, it will be considered a misdemeanor offense. With several aggravating violations, the charge is enhanced to the level of a felony, usually leading to jail time. Depending on the nature of the violation and number of prior infringements, there may be mandatory minimum lengths of incarceration.
If a judge finds that a person has committed a crime while violating a protective order, it can exacerbate potential criminal consequences for the accused. This could include parole violations, drug offenses, or even sex crimes against the petitioner. They might face these criminal charges simultaneously. The potential punishment for each could be enhanced if the person’s actions are criminal and violate an existing order of the court. The violations of Mecklenburg County protective orders and any additional crimes each aggravate the other charge, possibly leading to harsher sentences for both.
How a Lawyer May Be Able To Help
An accomplished attorney handling a protective order case may have the experience crucial to crafting a defense for someone who is accused of violating a restraining order. Contacting a lawyer may help the accused protect their rights and fight for a better outcome for their case.
The evidence necessary to defend against violating charges successfully depends on the allegations in each case. Sometimes it may mean showing evidence of an alibi saying that the accused could not have been at the location the alleged violation took place. Evidence may also include cell phone records, call history, or screenshots of text messages between them or anyone else who might be able to confirm their whereabouts. It might also encompass calling witnesses that were with the accused at the time the alleged incidence occurred.
Call a Mecklenburg County Lawyer About Violations of Protective Orders
Violations of Mecklenburg County protective orders can be severe, with multiple misdemeanors stacking up quickly, and other aggravating factors increasing potential sentences. If you have been accused of violating a protective order, call a skilled attorney today to start work on your case and defend your rights.