Criminal Defense & Protective Order: Responding To Contact
A protective order is a legal document that courts can use to help protect people who may be at risk of harm or abuse. In the context of criminal defense, protective orders can be modified depending on the circumstances of a case. It’s a court order that requires one person to stay away from or have no contact with another person, and it’s designed to help keep the protected person safe.
If you have a protective order against you, it’s important to know how to respond if the protected person contacts you. Violating a protective order can lead to serious legal consequences, so it’s crucial to understand your legal rights and responsibilities.
Understanding Protective Orders
There are a few different reasons why someone might need a protective order. For example, if someone is being threatened or harassed by another person, or if they’ve been the victim of domestic violence, they may seek a protective order as a way to protect themselves from further harm.
According to the Code of Virginia § 19.2-152.10 in Protective Orders, The order may include conditions like prohibiting the person who committed the act from making contact with the protected person. The order may be in effect for up to two years and can be extended. If the person who committed the act is convicted of a violent crime, the court may issue a protective order to the victim for any length of time necessary.
Breaking a protective order has serious consequences that can result in fines, jail time, or even criminal charges. If you violate a protective order, you’ll be guilty of a misdemeanor. If you violate it again within five years and it involved violence, you’ll face a mandatory minimum of 60 days in jail. If you violate it a third time, you’ll be guilty of a felony with a mandatory minimum of six months in jail.
The court can also recognize protective orders issued by other jurisdictions, including in Manassas, Virginia. The specifics of a protective order can vary depending on the situation, but they usually involve certain rules or restrictions that the person subject to the order has to follow.
What To Do If the Protected Person Contacts You?
Suppose you have a protective order against someone, but they reach out to you anyways. It’s important that you know your options in responding to a protective person’s contact. Responding could actually be seen as a violation of the protective order, and that’s the last thing you want to happen.
Instead, what you should do is seek legal advice from a criminal defense attorney if you’re unsure of what to do or are feeling overwhelmed. They can help you understand your rights and options, and can give you advice on how to handle the situation.
If ever the contact has been made, make sure to document the contact that was made. Write down the date, time, and method of communication (whether it was a phone call, text, email, or in person), as well as what was said or done. Doing so will make your criminal defense attorney be able to guide you on what to do next. They can also help you take the appropriate steps to protect yourself. Remember, you have the right to protect yourself and feel safe. So, don’t hesitate to reach out for help if you need it.
Staying Compliant With Protective Order
If you have been issued a protective order, it is important that you take steps to stay compliant with the order. It’s crucial that you always have a copy of the protective order with you. This will help you understand what you can and can’t do. It’s also important to avoid any contact with the person the order is protecting. That means avoiding calls, texts, emails, or showing up where they might be as much as possible.
Always consider seeking legal guidance with a criminal defense lawyer when you’re not sure what to do with some of the restrictions, especially in responding to contact with a protective person as it might put you in a disadvantage for violating the restrictions of the order.
Finally, don’t forget to show up to all your court hearings and follow any orders given to you by the court or law enforcements. If you’re not sure what to do, don’t hesitate to ask a your defense lawyer for help. They can guide you through the process and make sure you’re following all the rules.
Summary
Protective orders are there to protect people from harm or abuse. If someone has filed a protective order against you, it’s important to take any contact into consideration and seek legal advice from your criminal defense attorney. By complying with the order, you can avoid any legal trouble and protect your rights
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