If a protection or restraining order has been filed against you, the most important thing you can do is to read the provisions of the court order so that you fully understand what you can and can't do. In most cases, you don't actually have to make physical contact with the protected party in order to be in violation of the protection order.
If you have been accused of this offense or suspect you may be, it is imperative that you contact a defense lawyer as soon as possible. An experienced attorney may be able to show that the terms of the protection against you were extreme or unrealistic, which could lead to your charges being dismissed.
Protection Order Violation in Huntsville, AL
If you have been charged in Madison, New Hope, Huntsville, Moores Mill, Trinity, Falkville, Athens, Boaz, Douglas, or the surrounding areas, contact Law Offices Of Segal & Segal. Andrew Segal and his experienced team of attorneys will analyze the facts of the case and make sure your side of the story is presented in a favorable light.
As a former prosecutor, Andrew Segal has inside knowledge on the strategies and tactics the prosecution might employ. He will use his knowledge to prepare a thorough defense that will give you the best chance of avoiding jail time. Contact our firm today at (256) 533-4529 to set up a free consultation with a dedicated and qualified team of attorneys.
Overview on Protection Order Violations in Alabama
- What Constitutes a Protection Order Violation?
- Penalties for Violation of Protection Order
- Working with a Qualified Madison County Restraining Order Violation Lawyer
What Constitutes a Protection Order Violation?
A protection or restraining order is issued for the purpose of providing emotional or physical safety for an individual. Protection orders prevent an individual from assaulting, communicating with, harassing, and intimidating the person who file the protection order.
According to Ala. Code § 30-5A-4, an individual can be arrested for violating any provision that is listed in a protective order that has been formally served or has received sufficient notice that the protection order has been issued. If an officer did not actually see the violation, but is aware of the protection order and has probable cause to believe a violation occurred, he or she can arrest the offender.
If the defendant is unaware that a protection order has been issued against them, he or she can use this as a valid defense at trial. However, the defendant's lack of knowledge of the protection order shall not influence law enforcement's decision on whether or not to arrest the individual (Ala. Code § 30-5A-5).
Penalties for Violation of Protection Order
Under Ala. Code § 30-5A-3, violating a protection order is a Class A misdemeanor which carries a sentence of up to a year of imprisonment and/or a $6,000 fine.
If convicted of violating a protection order for a second time, an individual faces an automatic 48 hour continuous jail sentence along with any other punishments associated with this offense.
For third or subsequent convictions of this offense, an individual can be subjected to a minimum sentence of 30 days of unsuspended imprisonment in conjunction with the penalties associated with a Class A misdemeanor.
Working with a Qualified Madison County Restraining Order Violation Lawyer
The attorneys at Law Offices Of Segal & Segal have nearly 40 years of combined courtroom experience. They are a respected group of attorneys who will use the knowledge and skills they have accumulated over the years to provide you with the strongest defense possible. If you have been accused of violating a restraining order in Huntsville or nearby areas, contact our office today. Call (256) 533-4529 to set up a free consultation on your protection order violation case.