There are multiple ways that a person arrested or charged for domestic violence may be prohibited from contacting the alleged victim. Often, the court will impose release conditions mandating that the defendant does not go near the other person, which may prevent them from returning to their family. This can be the case even if the named victim, often the spouse, wants them home or did not want them arrested in the first place.
In other situations, a named victim may go to court to get an order of protection, which could restrict an accused person from contacting them past the end of the criminal case and trial. These types of court orders are fairly easy to obtain, but our persistent legal team is also skilled in challenging them. For more information on protective orders in Mesa domestic violence cases, it is recommended that you consult the knowledgeable attorneys at Grand Canyon Law Group.
Named victims in domestic violence cases often go to court to get orders of protection, usually because an officer tells them to. If granted, the court order places certain year-long restrictions on the person who is accused of domestic violence.
Typically, obtaining a protective order only requires a person to show the judge a date within the past year where they allege that domestic abuse took place. If the judge finds it credible, they will grant the order. However, an experienced lawyer at our firm could challenge the protective order and require that the accuser provide more proof of the domestic violence event.
Usually, an order of protection does not have a significant effect on the criminal case. However, if a person violates an order of protection, it could constitute a new criminal offense, such as harassment, that would be included in the pending domestic violence case. These charges could be brought even for sending a simple text to the person with the protective order.
Violating court-mandated release conditions can also have serious consequences. For one, the court could return the person to jail and hold them without bond. The court may also consider the violation to be an interference with judicial proceedings and bring misdemeanor charges that could be penalized by up to six months in jail and a $2,500 fine. A protective order lawyer can explain the potential penalties in more detail.
Beyond representing a Mesa resident in their domestic violence case and contesting unfair protective orders and release conditions, our skilled attorneys can also facilitate communication with the alleged victim. Although we cannot actively initiate contact, we can speak with them about the case if they reach out to us. In this way, the accused person does not risk violating the protective order or release conditions if the named victim wishes to relay a message.
Many people involved in domestic violence cases do not understand the nuances of protective orders and release conditions. However, these court orders can separate a person from their family and seriously impact their daily life and relationships during the pending trial.
The dedicated legal team at Grand Canyon Law has handled many of these cases, and we have a deep understanding of protective orders in Mesa domestic violence cases. Let us defend your rights and work to reduce the consequences of these charges against you. Call us today for a free consultation.