San Antonio Protective Order Defense Lawyers
Representing Those Accused of Violating Protective Orders
A protective order is a court directive that protects an individual who has been threatened or attacked by another, often a family or household member or a dating partner. The order restricts the alleged perpetrator from communicating with the protected individual and may contain other restrictions as well. Protective orders are issued when courts believe the person seeking protection may be in danger.
Violating a protective order can lead to serious consequences. This offense is charged as a misdemeanor but the court can order a range of punishments when a violation has occurred. Protective order violations can lead to arrest based only on the word of the protected individual or even from someone who says that a violation occurred. These orders allow the State of Texas to press contempt of court charges against the principally named “attacker.” Protective order violations are often complicated and it is best to refer your case to one of our San Antonio criminal defense attorneys for effective legal representation.
Contact Smith & Vinson Law Firm for a free consultation about your legal options at (210) 960-9557.
Testimony in a Texas Violation of Protective Order Case
Often the need for a protective order is questionable, based on oral evidence only. This evidence may consist of exaggerated claims and irresponsible testimony that overstates conflicts that did not result in verifiable personal harm. Unfortunately, it takes little evidence for a court to issue a protective order. Thus, when a claim that the order has been violated arises, the claim may also be based on the complaining party’s questionable or inflated version of events.
Courts are required to conduct a separate hearing concerning the issuance of such orders. Because of this, it is crucial that you have a criminal defense lawyer representing your side of the story no matter how serious the complaining party’s statements may sound. Your legal rights can be violated in the presence of hearsay. Plus, the complaining party may produce a corroborating witness to back up the claims when little physical evidence actually exists. An attorney can emphasize these facts when presenting your defense to the court.
The Punishments & Stigma of Protective Order Violations
In cases where the evidence is only oral, the court may issue a protective order as opposed to formally charging the aggressor. In cases where assault or battery has actually been proven and appropriate charges have been filed, these protective orders are common and necessary. They may lead to fines based on the criminal code classification of the offense as well as educational programs for the aggressor.
Where a protective order has been seriously violated – such as a verifiable physical attack against the protected party – the perpetrator may receive a jail sentence. Aside from these punishments, just being named as the aggressor in a protective order can have a negative impact on you.
In cases of orders based on minimal stress, minimal punishments and brief restrictions may result. In other cases, these orders can be maintained as long as two years where an inadvertent encounter with the protected person could technically be viewed as a violation. Because of these various issues, multiple court appearances may be required, all of which should not be attended without qualified legal representation.
Work with Smith & Vinson Law Firm
It is crucial that you never attend a court date regarding a protective order violation in Texas without experienced legal support. These cases require professional attention even though the violation claims against you may be very general. Our San Antonio criminal defense attorneys have extensive knowledge and skill in courtroom proceedings. We can protect your legal rights and challenge the claims against you whether they are criminal or not. Invest in your character as well as your liberty with a strong defense.
Call Smith & Vinson Law Firm today at (210) 960-9557 to schedule your free initial consultation.
Attorney Brad Vinson was informative, professional yet sympathetic with his approach to my case. Mr. Vinson was open to opinion and ensured that all legal avenues were considered and addressed before presenting a course of action.- Michael
Having no background in law and finding myself in a situation that left me feeling extremely vulnerable, I felt quickly at ease in their care. They were very reasonable with my situation and helped work around my needs by providing me with the most support- Andrew
They handled my case incredibly well and warned me on the possible negative outcomes, overall completely satisfied me through the whole process.- Elmer Marqueiz
Very professional, on time and educates you along the whole process. I had a lot to lose and you guys gave it all back to me and finally represented what true Justice is here in America.- Manuel R.
Dismissed Assault with a Deadly Weapon
Our client, a retired Marine, was out with some friends one night when he got into a fight at a gas station. He allegedly pulled out a knife and left the scene. Moments later, law enforcement pulled him over. He was charged with misdemeanor DWI, felony Assault with a Deadly Weapon, and two counts of felony Terroristic Threat.
Dismissed Intoxication Assault
Our client had allegedly been drinking with friends after work. He woke up in the hospital after an accident that severely injured another person. We fought for our client in our negotiations with the prosecutor on his felony Intoxicated Assault charge and worked with the injured party’s insurance company on a plan to compensate her for her injuries. The felony was ultimately dismissed and reduced to a misdemeanor DWI charge.
Dismissed Possession of Controlled Substance
Our client was pulled over for expired registration. Police smelled marijuana coming from the vehicle and conducted a probable cause search. Police found marijuana and pills containing a controlled substance, and the State charged our client with a felony. Our client was already facing multiple misdemeanor charges in another county.
Charges Avoided Assault
Client had been celebrating his birthday and tried to prevent some of his guest from driving while intoxicated. While attempting to arrange an alternative ride for a relative, the relative’s girlfriend decided she wasn’t having it and decided to start an altercation with a few other guest. Later she accused our client of having assaulted her and sending her to the hospital.
Cases Rejected Pre-Indictment Three Counts of Aggravated Assault of a Deadly Weapon
Our client was sitting on his balcony when he saw his neighbors in the parking lot mistreating an animal. He told them to stop, and the threatened him. He went inside to retrieve his firearm, but he never threatened the neighbors back.