What Is the Impact of a Violation of Order of Protection in Domestic Violence Cases?
If you are dealing with a violation of order of protection in a domestic violence case, you likely have concerns about the long-term effects of the situation. You may think that you can handle the situation alone or with a public defender. However, you may not have the knowledge necessary to fight for your rights in court. Moreover, a public defender often doesn’t have the time necessary to dedicate to your case. An experienced New Mexico criminal defense lawyer at Twohig Law Firm can help. Call us today for a confidential case evaluation.
What Is an Order of Protection?
An order of protection is often called a protection order, injunction, or restraining order. These official documents are court orders that place restrictions on an individual’s movement and/or behavior. The court commonly uses them in domestic violence cases as well as cases that involve harassment, stalking, or sexual assault. If you have an order of protection restraining your behavior towards an alleged victim, you may have provisions to which you must adhere. These include the following:
- No Contact Orders. You may not contact the alleged victim in any manner. This includes via telephone, U.S. mail, text messaging, Facebook or Twitter messages, notes passed through another individual, or gifts given.
- Cease Abuse Orders. The court may order you to stop threatening or harassing an alleged victim who files to get an order against you.
- Support Orders. Part of your restraining order may also order you to pay child support, alimony, or other financial payments during the extent of the protection order.
- Restitution. The court may require you to pay financial damages to an alleged victim.
- Exclusive Use Orders. If you own property, such as a home or car, with the alleged victim, your restraining order may dictate who has exclusive use of that property.
What Is Violation of Order of Protection?
If you fail to adhere to all of the orders and clauses in the order of protection issued by the court, you may be in violation of order of protection. Violating a restraining order in New Mexico amounts to a Class 1 misdemeanor. This may be punishable by up to one year in jail.
Your violation of order of protection will become public record, and your employers, schools, and others can subsequently view that information in a background check. Even if you didn’t commit a violent crime and never received a conviction of domestic violence, you may have a violation of order of protection misdemeanor on your record.
Short-Term and Long-Term Impacts of an Order of Protection
An order of protection can impact your life immediately and in the future. It can restrict you from going to your place of employment or going to your home. It may bar you from using your car. In addition, you may be ordered to pay child support, yet be unable to see your children. When a restraining order is related to domestic violence, the court may issue an order that greatly benefits the alleged victim, even if you haven’t been found guilty of a crime.
A restraining order may keep you away from your friends, family, coworkers, property, and financial assets. It can be extremely difficult to continue functioning with extremely restrictive orders of protection. However, with the help of a skilled lawyer, you can negotiate those provisions to be fairer.
What Happens After a Violation of Order of Protection?
If you are found guilty of violation of order of protection, you may be able to have your records sealed or the conviction set aside. This is similar to an expungement in New Mexico. This benefits you because it won’t show up on background checks. Moreover, it can help your reputation at work and throughout the community.
Call an Attorney for a Violation of Order of Protection Connected to Domestic Violence
It’s important to work with a skilled Albuquerque criminal defense attorney to avoid a violation of order of protection as well as to obtain restraining order provisions that are fair to you. We will evaluate your situation and help you obtain restraining order terms that are least offensive, but still fair to the court. Call Twohig Law Firm today.
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