Repercussions for Violating a Fairfax Restraining Order

It is important for a person to understand and abide by the provisions outlined in a restraining order or civil protection order because if a person violates the terms of a protective order in Fairfax that person will have committed a separate crime. For example, picking up the phone and making a call to a person who they are not supposed to call would constitute criminal offense and is almost always punishable by jail time. If someone does violate their restraining order it can have significant repercussions and they should absolutely contact a Fairfax domestic violence lawyer to start building a defense, and to protect them from the repercussions of the violation.

Criminal Repercussions

In Fairfax a violation of a protective order is a class one misdemeanor that is punishable by up to 12 months in jail and $2,500 fine. A violation of a protective order, even a minor violation, often rises to a level of a criminal offense, and the judge will sentence the person who violated the protective order with active jail time.

Response to a Violation of a Restraining Order

When someone has asked for a restraining order, and they believe that that order has been violated, they can simply call 911 and report it. Under almost every circumstance the police find that report credible and will have an arrest warrant issued. The police will generally go straight away to pick that person up and place them under arrest.

Violation of Petition

A violation of petition is a document that is filed with the court indicating that the respondent of a protective order has violated that protective order. Generally, when violation of petition is filed, an arrest warrant is follows.

Building a Defense For a Violation

What the necessary evidence is for the defense depends upon the nature of the alleged violation. If a person is alleged to have placed a phone call improperly, then lawyers need look at the person’s phone records to determine whether or not that call was actually made. If a person is falsely accused to have been showing up at the petitioner’s workplace or home, lawyers would need to find evidence if they were elsewhere at the time that it supposedly took place.

Ultimately building a defense depends upon the nature of the violation. If the violation is not true, then the hope would be to establish through evidence that the person did not do the things that they were accused of doing.

Benefit of An Attorney

Being charged with violating a protective order in Fairfax is very serious and almost always results in active jail time. Even if an individual does not think that they violated a protective order, they need an attorney to fight for their rights and try to minimize the damage that such a violation could cause. An experienced attorney can provide assistance in questioning or discrediting the claims against the individual, and if it is clear that they did in fact violate their protective order conditions, an attorney can still attempt to mitigate the potential consequences of the violation.