When a client has violated a Domestic Violence Restraining Order, the Court can impose a variety of sanctions. In addition to these penalties, if the client has committed any new crime as part of the violation, the client can also face prosecution for the new criminal charge. At Bailey & Orozco, we defend our clients against a finding that it was them that violated the Order; and, if new charges were filed, we work to minimize the consequences. Frequently we are able to help a client avoid a violation and any sanctions; and, if the client has been incarcerated for the alleged violation, obtain their release pending the resolution of the alleged violation.
Sanctions for Non-Compliance - Civil Sanctions
If the Court finds that the client has committed a violation of the restraining order, the Court can find the client guilty of civil contempt, which typically results in the Court imposing additional monetary fines. In addition, if the client has violated a portion of a restraining order requiring monetary compensation, visitation, rent, or mortgage payments, the Court can issue additional orders directing the enforcement of the condition.
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Sanctions for Non-Compliance - Criminal Sanctions
If the Court finds that the client has 'purposely or knowingly violated any provision' of the DV restraining order, by committing another crime or disorderly persons offense, the Court can find the client guilty of criminal contempt, which can result in a jail sentence. The client is also subject to an additional period of incarceration if he is convicted on the new charge
Sanctions for Violations of Probation and Parole
If the client was on probation or parole at the time of the alleged violation of the DV restraining order, the mere filing of the DV violation can be a basis to violate the client's probation or parole and incarcerate the client pending further Court proceedings. Any plea or finding of guilt on the DV violation can result in the resentencing of the client on the charges he was on probation for, or the revocation of parole.
Defending a Client From A DV Restraining Order Violation
At Bailey & Orozco, we frequently represent clients who have been charged with violations of DV restraining orders. The benefit to our clients, is in having an experienced criminal defense lawyer protect their constitutional rights in regards to the DV proceedings; and if necessary, in any subsequent criminal proceeding. We are often able to get the violation dismissed, which can also result in the dismissal of the criminal charges.