If you have been wrongfully arrested for breaking the terms of a restraining order, here is how the best local criminal defense attorney can help;
Unaware of Protective Order
When one person petitions the court to have a restraining order placed on another, every effort is made by the court to notify all parties involved. There could be circumstances in which the courts never properly notified one of the parties, so they were completely unaware of the protective order when they were arrested. If you didn’t know the restraining order was active, your Los Angeles violating a restraining order lawyer could argue that you can not be convicted of violating the order intentionally. If you were not in court the day the judge handed down the order, it works in your favor you didn’t have any idea what was going on.
Your criminal defense attorney is going to work hard to demonstrate that you never received any notification in the mail because you may have moved or it could have simply been sent to the wrong address. If either is the case, your attorney is going to argue that you should not be held responsible for violating the restraining order.
Not Intending to Violate the Order
There are instances where you were arrested for violating the terms of a restraining order and knew the order was in place, but you had no idea what you were doing was in violation of the order. Perhaps you accidentally ran into the person who has the order against you, and they had you arrested. A great example is you are shopping in the mall, and as you walk out of the store, you literally bump into the person who received the restraining order. Another example is showing up at a party of a mutual friend, not realizing the other party will be there. Regardless the situation, the judge has made the order, and the judge is the only one who can alter the order.
Even if you feel the other party has become more relaxed with the details of the order, it is your responsibility to speak to the judge if you feel there are situations where the two of you may run into one another unknowingly. Your Los Angeles violating a restraining order lawyer can show no intent to interact with the other party was present when the incident occurred.
Dealing With False Accusations
The person who has filed the restraining order holds most of the chips, and they can in fact have you arrested if they feel threatened. One example of a false accusation involves you finally moving on with your life, and you are spotted in public by the other party with your new love interest. Out of jealousy, they call the police and say you stalked them at work or the mall, and are in violation of the protective order. The police show up and arrest you on the spot without you knowing what you did wrong. Out of jealousy, the other part may try to set you up, get you to show up somewhere, only to be arrested on the spot when the call comes in you are stalking them.
Your Los Angeles violating a restraining order lawyer can present evidence of a jealous partner or one trying to get an edge to gain full custody of the kids. Exposing false accusations is very serious business, something a skilled criminal defense attorney has experience uncovering.
When you are arrested for violating the terms of a restraining order, don’t take the punishment if you feel you were innocent of the charges. Despite is being difficult to prove, the best Los Angeles violating a restraining order lawyer can gather enough evidence to get the judge presiding over the case to consider dismissing the charges.