Criminal Defense Attorney For Domestic Violence Can Help You

Blog , Criminal Law

Protective orders can be a double-edged sword. While they are intended to protect victims, they can also lead to false accusations and wrongful convictions. If you are charged with violating a protective order, a criminal defense attorney for domestic violence can assist you. They can help you understand the repercussions of the offense and safeguard your rights.

Here, you’ll learn about what constitutes a violation of a protective order and the consequences that come with it, including criminal penalties and employment challenges. Explore common defenses against accusations and how a criminal defense lawyer utilizes these to protect your rights.

Role Of A Criminal Defense Lawyer For Domestic Violence

When accused of violating a protective order in a domestic violence case, a defense attorney is crucial in defending your rights and interests. Protective orders are legal measures designed to keep individuals safe, but accusations of violating them can lead to serious legal consequences.

An experienced defense lawyer will assess the case details, including the alleged violation’s circumstances and the protective order’s terms. Then, to build a strong defense strategy, they will review the evidence, including witness statements and any communication related to the suspected breach.

Additionally, your attorney will provide essential guidance throughout the legal process, ensuring you fully comprehend your rights and options. They will build a solid defense, represent you in court, and strive to minimize the impact on your future.

Overview Of Protective Orders In Texas

If you’re involved in a domestic violence case, understanding protective orders is vital, as they restrict your actions with the alleged victim. These court-issued legal decrees impose strict limitations on your actions and interactions. A criminal defense attorney for domestic violence assists you in comprehending the specifics of each type.

What Are The Different Types?

In Texas, various types of protective orders are available for domestic violence cases, including:

Temporary Ex Parte Orders: These orders provide immediate protection even without a hearing or notice to the abuser. They stay in effect for up to 20 days, but the court can extend them.
Final Protective Orders: The court grants these orders after a hearing where both parties present their cases. They provide longer-term protection, usually up to two years, with the possibility of extension.
Magistrate’s Order For Emergency Protection (MOEP): After an arrest for family violence, a magistrate issues these orders to provide immediate protection for 31-61 days. However, if the abuser used or displayed a deadly weapon, the order extends to 61-91 days.

Understanding these types of protective orders is essential for recognizing the specific conditions and limitations they impose. Equally important is exploring what constitutes a violation of these laws.

What Constitutes Violating The Orders?

Specific actions, which are done knowingly or intentionally, may constitute a violation. These can range from direct acts of violence to more subtle contact or interference. Here are behaviors that constitute a violation of a protective order.

Unauthorized Communication: Any communication with the protected individual or their family, except through an attorney or court-appointed person, especially when the order prohibits such contact.
Going To Restricted Places: Approaching or going near places specified in the order, such as the protected individual’s residence, workplace, or a child’s school or daycare.
Possession Of Firearms: Owning or possessing a firearm under a protective order is strictly prohibited.
Interference With Animals: Harming, threatening, or interfering with the care of pets or animals belonging to the protected individual.
Tampering With Monitoring Systems: Removing, attempting to, or tampering with any global positioning monitoring (GPS) systems that may be in place as part of the protective order.

Violating these terms defies the court’s order and exposes you to further criminal charges, which can escalate the severity of your case. Understanding these specific prohibitions is essential in ensuring you remain compliant and avoid additional legal trouble.

The Consequences Of Violating A Protective Order

Violating such court-issued orders can lead to severe consequences that affect every aspect of your life. Understanding these potential outcomes is vital because they can significantly alter your future and complicate your legal situation further.

Criminal Penalties

Violating a protective order starts as a Class A misdemeanor. These charges carry penalties of up to one year in jail and fines of up to $4,000.

Repeated violations or those involving further violence can lead to felony charges.

Suppose the person protected by the order is a victim of sexual assault, abuse, indecency with a child, or stalking. In that case, a violation is a state jail felony. This includes 180 days to 2 years in prison and fines up to $10,000. Additionally, if this is a repeat offense, you can be charged with a 3rd-degree felony, leading to a prison sentence of up to ten years.

Impact On Custody & Visitation Rights

Breaching a protective order can severely affect child custody and visitation rights. Courts prioritize children’s safety, so a violation can lead to restrictions or loss of visitation rights. Legal proceedings reassess custody arrangements, often resulting in stricter conditions or supervised visits.

Effect On Employment & Professional Licenses

A protective order violation can tarnish your employment prospects. A breach of these terms is public as it is a criminal act. Many employers review prospective employees’ backgrounds, and a criminal record can cause job loss or hinder future employment opportunities.

In certain circumstances, professional licenses and certifications can face revocation or suspension, especially in careers like healthcare, education, and law enforcement. Employers may view violations as poor judgment or character indicators, making finding or retaining employment difficult.

Repercussions On Immigration Status

For non-citizens, a violation can impact current status, complicate renewal processes, or lead to deportation. It can jeopardize visa, Green Card, or citizenship applications and may affect the outcome of pending immigration cases. Legal representation is essential in mitigating the impact of this offense on your life.

Criminal Defense Attorney Fights For You

The consequences of a conviction for violating protective orders relating to domestic violence can be life-altering. This is why having a knowledgeable criminal attorney is essential. Understanding the defenses they can use is critical to maintaining your freedom and future.

Lack Of Intent

Lack of knowledge is a critical defense against accusations of violating a protective order. According to the Texas Penal Code, a violation occurs when someone “knowingly or intentionally” breaches the terms. If contact or actions were accidental or unintentional, such as miscommunication or location tracking, this can be a strong defense. An attorney can help gather evidence, like GPS data or witness statements, to demonstrate that any violation was not intentional.

Mistaken Identity

A mistaken identity can be a strong defense. If you are wrongfully accused, proving you were not the person involved is vital. This may include providing alibis, gathering witness statements, and presenting other evidence to establish the facts.

Attorneys can thoroughly investigate to uncover evidence supporting mistaken identity. They may use surveillance footage, cell phone records, or other documentation to prove your whereabouts. This defense can effectively counter false accusations and protect your rights.

False Allegations

The success of this defense depends on several factors, including the strength of the evidence and the credibility of the witnesses. A defense attorney will gather evidence, question the accuser’s credibility, and seek inconsistencies in their statements. Thorough evidence collection and witness testimony are critical to disproving false claims.

Understanding how a criminal attorney can protect you when facing accusations of violating a protective order is significant. Considering these defenses, choosing the proper legal representation is essential to helping you navigate these challenges.

The Medlin Law Firm Mitigates Consequences

At The Medlin Law Firm, we understand the complexities and severe consequences associated with violating a protective order in domestic violence cases. Violations of such orders are taken very seriously and can incur significant legal repercussions, including criminal charges, fines, and even incarceration.

Our experienced attorneys work diligently to analyze the alleged violation’s circumstances, identifying potential defenses or mitigating factors. Our approach includes gathering evidence and crafting a strategic defense tailored to the specifics of your case.

We aim to help you navigate the legal system with the least disruption to your life. The Medlin Law Firm provides comprehensive legal support to address the immediate and long-term impacts of the violation. Most of all, we work hard to protect your rights throughout the process.

Summary

Protective orders can limit a person’s interaction or proximity to a protected individual. Violating these orders can lead to severe legal and personal consequences, including fines and imprisonment. Additionally, it can impact custody and visitation rights, employment opportunities, and immigration status.

Common defenses include proving a lack of intent, addressing mistaken identity, and countering false allegations. A criminal law attorney can utilize these strategies and safeguard your rights. The Medlin Law Firm offers experienced and empathetic legal support, helping you protect your future.