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As a reputable San Diego Criminal Defense Lawyer, The Law Office of Elliott Kanter is here to guide you through the aftermath of a restraining order violation. The consequences of being charged can be severe, so if you are facing a restraining order violation case, it’s important to have a knowledgeable attorney on your side.
Potential Consequences of Violating a Restraining Order in San Diego
When a court issues a restraining order, it is legally binding and requires strict compliance. Violating a restraining order can result in multiple penalties, including fines, jail time, and more:
Arrest and Criminal Charges: Law enforcement can arrest you for violating a restraining order, leading to criminal charges against you.
Contempt of Court: Violating a restraining order is considered contempt of court, which can result in additional legal penalties.
Civil Penalties: In addition to criminal charges, you may also face civil penalties for violating a restraining order, such as fines or a civil lawsuit.
Revocation of Bail or Probation: If you're on bail or probation at the time of the violation, your bail may be revoked, and you could be sent back to jail. It also could result in harsher consequences for your original offense.
Protective Orders: It may prompt the court to issue even stricter protective orders, limiting your freedoms and imposing further restrictions on your behavior.
Permanent Record: Your permanent criminal record can affect future employment opportunities, housing applications, and other aspects of your life.
Loss of Custody or Visitation Rights: If the restraining order involves protecting a child or children, violating it could lead to loss of custody or visitation rights, as it demonstrates an inability to prioritize their safety and well-being.
With the right legal support, you can protect your rights and pursue a favorable outcome. Don't delay – reach out to us now for a confidential consultation.
Legal Defense Options
When facing allegations of violating a restraining order, understanding your legal defense options is essential. Here are some strategies a skilled San Diego Criminal Defense Lawyer from The Law Office of Elliott Kanter might employ:
Lack of Intent: This could involve proving that you were unaware of the terms of the order or that your actions did not constitute a deliberate breach.
False Accusations: Your attorney can investigate the circumstances surrounding the alleged violation to uncover any inconsistencies or ulterior motives behind the accuser's claims.
Improperly Issued Restraining Order: This might include arguing that the order was based on insufficient evidence or that proper legal procedures were not followed during the hearing.
Emergency Situations: In certain emergency situations where immediate action was necessary to protect yourself or others from harm, the defense of necessity or self-defense may apply.
Mitigating Factors: This could include demonstrating remorse for the violation, evidence of rehabilitation efforts, or extenuating circumstances that contributed to the incident.
Get Experienced Representation in San Diego Now
Don’t go into your restraining order violation case unrepresented - the stakes are too high to not have a well-prepared defense. If you’re facing restraining order violation charges, reach out to the Law Office of Elliott Kanter today to help your case have the best possible outcome.
