Denton Protection Order Lawyer
A protective order is issued by the court to prevent cases of family violence, spousal abuse and child abuse from occurring in the future. The order prevents individuals who are listed on the order from making any verbal or physical contact with those who obtained the protective order. Although a civil court issues a protective order, violating it is a criminal offense. The Goolsby Law Firm defends people who were accused of violating a protective order in Denton and other areas of North Texas.
A protective order may be permanent or temporary and could prohibit you from living in your own home, or visiting your own children freely. It also forbids you to from possessing or owning a gun and from going into certain places. A protective order could be issued for a maximum period of two years and can include payment of child or spousal support and mandatory counseling. An order of protection is available against a spouse, ex-spouse, relatives by blood, roommates, relatives by virtue of marriage, siblings, foster children, a person you are sharing a child with and someone you have been dating.
What Are The Consequences Of Violating A Protective Order?
As has been mentioned, you are going to be arrested and then charged with a criminal offense if you violate the conditions contained in a protective order. Once you have been taken to jail, a bail hearing will be held by a judge where it will be determined through preponderance of evidence, whether you have indeed violated the protective order with the intention of committing stalking or more domestic violence. If such is the case, the court can order that you be held until trail without bail.
A violation of protective order conviction is considered as a class A misdemeanor that is punishable by a maximum of one year served in a county jail as well as a fine that will not exceed $4,000. If you have a couple or more prior convictions, the offense will be treated as a third degree felony, which is punishable by from two to ten years in prison.
Defending Against A Violation Of Protective Order
A violation of protective order is considered as a serious offense since it means that you have disobeyed a direct order from the court. Such a case mainly depends on the statements of the victim or witnesses. On many occasions, The Goolsby Law Firm can contest the accuracy and credibility of the allegations, especially when there are child custody and divorce issues that are involved.
You should also keep in mind that when you are accused of violating an order of protection, the prosecution must establish that you have acted with criminal intent. The Goolsby Law Firm could be able to show evidence that shows your violation was not intentional.
An important note to remember in violation of protective order: even if there is a plan of reconciliation and you are invited over by your spouse, you can still be arrested by the police if the order of protection is still active. Contact the Denton area Lawyers at The Goolsby Law Firm right away for a free initial consultation about your case.