If an Order for Protection or a Harassment Restraining Order has been issued against you, you do have the right to defend yourself against the allegation that you have harassed or abused another individual.
Many times, these orders are requested by an individual out of spite, retaliation, or in an attempt to help them in a divorce or child custody case. However, it does come down to evidence. Due to the fact that an Order for Protection is usually associated with some kind of domestic violence and a Harassment Restraining Order is connected with another type of violence or threats against another person, there has to be proof that there is a threat. Although an order can be issued without the accused knowing about it, there is a point in which the accused can defend him or herself.
If you have been accused of domestic violence, harassment, assault, or another violent act that prompted another individual to have you named in an Order for Protection or Harassment Restraining Order, you do have the right to defend yourself. Involving a restraining order lawyer can help you receive the best possible outcome in the matter.
What are the Penalties for Violating A Protection Or Harassment Restraining Order?
It is possible for a person to accidentally violate an order or to be accused of a violation. This can lead to immediate arrests. When judges issue these orders, they do so based on the petitioner’s statements that they feel intimidated or threatened. When there is an arrest for domestic assault or another type of harassment, this backs up their statement even if the arrest is later found to have no merit. These orders can last as little as 30 days or as long as 50 years. Any violation of the conditions, even if by mistake, can result in immediate time in jail.
Why Do Restraining Orders Exist?
Restraining orders are not to be abused, as they are designed to protect spouses and their children who have been abused by someone else. A person can request the order if they feel harassed, threatened, or they have been physically harmed. The orders state that the named party cannot contact the petitioner at any time or in any way. They may not approach them at home, at work, and must move away if they see them in public. Unfortunately, there are restraining orders that are requested erroneously. As previously stated, this can occur during a divorce or a custody case. That is why you should contact a Minneapolis restraining order violations lawyer as soon as you find out you have been named in an order or have been arrested for violating an order that you may or may not have known about.
Contact Minneapolis Restraining Order Lawyer, Mark Herman
Violating a restraining order can be easy to do since a restraining order can be obtained without the defendant knowing about it. This can result in an arrest with penalties. If you have been accused of violating a restraining order, you need to have an experienced restraining order lawyer working with you to combat the charges. To get started, call the Law Office of Mark Herman 24/7 at 612-382-4545 for a free consultation.
