Montgomery County Restraining Order Lawyer
In many domestic violence cases, the alleged victim may call for a restraining order against the accused of protection against the fear of imminent harm. This is a normal occurrence, and more often than not it will not affect the proceedings of your criminal case because of its highly prejudicial nature. Become acquainted with the information below to learn more about the benefits of retaining a Montgomery County restraining order attorney in these circumstances, and how they can impact your situation.
Constituting a Restraining Order in Montgomery County
In Montgomery County, a restraining order is synonymous with a civil protective order. It can be officially defined as an order of the court asking one party to stay away from another and to refrain from contacting them.
Anybody can file a restraining order as long as they can demonstrate to the court the need for protection from another party because of imminent fear of physical harm by a preponderance of the evidence.
An individual may be required to stay away from another party and provide them with continued emergency means if the court orders such. It can also require that individual to participate in rehabilitation for circumstances specific to their case, such as anger management classes or drug abuse.
An individual accused of violating a restraining order faces the possibility of criminal charges against them. In the case of a domestic violence-related protective order, the criminal charges can be litigated in the domestic violence courtroom by a special set of prosecutors. That individual then faces the possibility of a period of incarceration related to the charges as well as potential probation.
Impact on a Criminal Case
A restraining order should not affect the criminal case. They are civil proceedings where no finding can be raised in criminal court because of standards of proof and how evidence is submitted in these proceedings. It is too prejudicial to be raised as factual evidence in a criminal case to constitute a basis for a conviction.
Vacating, Changing, or Extending Restraining Orders
A restraining order is vacated, changed, or extended based on the petition by either party involved or by motion of the court sua sponte (i.e., of their own accord). Anyone can raise a request with the courts to make modifications. Whether the judge determines it is appropriate to grant that modification is a matter that needs to be addressed during proceedings in the courtroom.
Presence of a Montgomery County Restraining Order Lawyer at the Hearing
A restraining order hearing requires testimony under oath. Any statements the accused makes under oath during the course of these hearings could be used against them in their criminal proceedings. For that reason, one needs to be mindful of preserving their record so it does not affect any future litigation in the proceeding of criminal court. This highlights the importance of having a Montgomery County restraining order attorney present at the hearing so that you can be fully prepared with a proper presentation of your case to the court.