Violating a Hampton Roads Restraining Order

Violating a Hampton Roads restraining order can have serious consequences. When someone has a criminal domestic violence case, often any sort of protective orders will follow the accusation. If the case keeps going, a defendant is going to stay under that protective order until the case is over. The order can only be vacated, changed, or extended by the judge.

Restraining orders can affect a criminal case by making it tougher for the defendant to contact witnesses and to gather evidence. If they are under a restraining order, they are ultimately limited in who they can talk to and where they can go. For this reason, it can be extremely important to have a skilled defense attorney on one’s side who can advocate on their behalf.

What to Expect After Violating a Hampton Roads Restraining Order

If the individual who requested the restraining order thinks that the defendant is in violation, they can contact the police to investigate and take out a warrant. They can also go directly to the magistrate and take out a violation of a protective order charge, which is a Class One misdemeanor and carries a mandatory minimum sentence of 60 days in jail. Also, if there is any sort of probation or pre-trial supervision, they could face having their bond revoked.

Potential Penalties

There is a specific code for violating a protective order that considers the offense a Class One misdemeanor. It carries with it at least 60-days of mandatory minimum jail time, and it can actually be considered a felony depending on the circumstances. If a firearm is used, that can act as an aggravating factor to the offense to bump it up to a felony charge. The other possibility is that it can be considered contempt of court, and the defendant can be convicted of contempt charges.

Their bond can also be revoked. If someone has committed a crime while violating a Hampton Roads restraining order, it is a near certainty that the individual will have their bond revoked and will go to jail until the case is heard. However, it is possible to have bond restored during a subsequent bond hearing.

The Role of a Criminal Defense Attorney

When defending against an accusation that an individual is violating a Hampton Roads restraining order, it is helpful if an attorney can show that the defendant was not present or has witnesses who can testify as to what actually happened. These are serious charges that can potentially lead to jail time and cause an individual to lose their firearm rights. For this reason, an individual needs an attorney who can work to help them avoid the worst consequences. A dedicated lawyer could fight for one’s rights by gathering evidence, taking down witness testimony, and building a strong defense strategy to advocate on one’s behalf.

If you have been accused of violating a Hampton Roads restraining order, do not hesitate to reach out to a professional defense attorney today in order to gain an aggressive representative for your rights.