Protective Order Violations Defense
Houston Protective Order Violations Attorney :: The Law Office of Matthew D. Sharp
Protective orders are issued by judges in Houston, Texas in an effort to prevent individuals from acting in a certain manner, such as harassing or bothering a victim. Since they are often issued in domestic violence cases, violations of protective orders are considered serious, since they could potentially threaten the safety of others. Some act that could be considered violations of protective orders include:
- Coming within a certain number of feet of the victim
- Contacting the victim by phone, fax, or e-mail when prohibited to do so
- Internet crimes such as cyberstalking
Restraining Violation Misdemeanor Offense
Restraining order violations are normally a misdemeanor in the state of Texas; however, that does not mean there is nothing to worry about. Some of the possible sanctions that could be handed down for violations of orders of protection according to the Texas Penal Code are:
- Jail time
- Inability to possess or own a firearm
- Mandatory anger management counseling
The amount of punishment given will depend upon the circumstances surrounding the violations of orders of restraint and the number of previous offenses. Those who physically harm a victim or have been charged with previous violations of restraining orders will usually face harsher punishment than first-time offenders and those who did not cause bodily harm to another.
Orders of Restraint Defenses
The defenses available can include:
- Eyewitness misidentification
- Encounter was a chance occurrence rather than a planned event
- False allegations
It’s important to note that officers do not have to apprehend a suspect in the act of committing protection order violations. Charges are often brought based on eyewitness testimony or reports from the victims themselves, which is why it is important to carefully analyze statements in an effort to uncover discrepancies that would reveal an ulterior motive on the part of the person filing the report.
Protective Order Violation Lawyers
The role of a criminal defense attorney will be to examine the circumstances in order to determine what if any defenses are available. Those who are charged with violations of orders of restraint should contact a lawyer for assistance. Get a hold of The Law Office of Matthew D. Sharp today.