San Diego Restraining Order Violations Attorney
Restraining orders come in various forms: some are related to claims of domestic violence and bar a person from any contact with the protected party; others involve court orders specifically barring certain conduct like entering a particular location.
Many people mistakenly believe that where the protected party consents to contact, there is no violation of law. This is, in fact, not true. Instead, even consensual contact or contact initiated by the protected party violates the court order and can result in arrest and prosecution.
With this in mind, defense counsel must approach all restraining order cases by considering the following:
- What are the specific terms of the court’s order and was it in full force and effect at time of incident?
- Was the defendant properly notified as to the existence of the court’s order and, if so, when?
- What is the nature of the actual violation and is it serious or incidental in nature?
- What facts exist that may mitigate the violation?
- How many times has the court order been violated?
Attorney Stephen G. Cline has been practicing criminal defense for 20 years. His reputation and experience will be the key to the aggressive defense of your Restraining Order Violation case. Call today at (619) 235-5638 to discuss your specific case!