Violating a Restraining Order
Understanding how a restraining order against you may affect your rights and conduct is important in order to avoid a violation. However, even if you are charged with violating an order, you will have the opportunity to defend yourself against the charges. Reno domestic violence attorney William J. Routsis is a skilled trial lawyer with over 25 years of courtroom and legal experience. He provides aggressive representation to people in Nevada and California who have been charged with a broad range of offenses. Mr. Routsis believes that every defendant deserves the benefit of knowledgeable and dedicated legal representation. He can explain the law as well as your legal options in fighting a restraining order violation.How Restraining Orders Function
A restraining order is an order from the court requiring the adverse party to do, or not do, certain things. For example, a restraining order may require the adverse party to stay away from the victim’s home, school, workplace, or other location named in the order. It may also order the adverse party to refrain from contacting, threatening, intimidating, or otherwise interfering with the victim. Protection orders are restraining orders issued in response to allegations of crimes involving domestic violence, such as stalking, harassment, or assault. They also may be issued for the protection of children. A temporary protection order may be granted without notice to the adverse party and generally remains in effect for 30 days. An extended protection order requires notice to the adverse party as well as a hearing, and if granted, may last for up to one year.Facing an Allegation of Violating an Order
A protection order violation occurs when the adverse party to a restraining order disobeys the rules of the order. The adverse party may be charged with a criminal offense as well as held in contempt of court for violating the order. Intentional violation of a temporary protection order against stalking, harassment, sexual assault, or child abuse is a gross misdemeanor in Nevada, and a conviction may be punishable by up to a year in jail and fines. An intentional violation of an extended protection order against stalking, harassment, sexual assault, or child abuse constitutes a category C felony and may result in a prison sentence of one to five years and up to a $10,000 fine. If any other criminal offense is committed during the violation of the protection order, there may be additional charges.
It is important to understand that there are several defenses and strategies that may be used to fight a charge of violating a protection order, depending on the circumstances. If the defendant did not intentionally mean to disobey the rules of the protection order, for example, or if the order was violated accidentally, the charge should be dismissed. In addition, if a defendant was not properly served with the restraining order, he or she may not be criminally liable for a violation of that order. The defendant may also present rebuttal evidence in response to the prosecution’s case, and if the prosecution cannot establish every element of the offense beyond a reasonable doubt, the case should be dismissed.Consult a Reno Attorney for a Domestic Violence Matter
Reno domestic violence lawyer William J. Routsis is committed to protecting the rights of individuals facing prosecution, including charges of domestic violence, drug crimes, DUIs, theft offenses, and more. Mr. Routsis advises people in many communities throughout Nevada and California, including Carson City, Elko, Lake Tahoe, Susanville, and Quincy. If you need a criminal defense attorney to fight for your rights, call us at (775) 337-2609 or contact us online to set up a free consultation.