Impact of a Protective Order on Birmingham Criminal Case
If someone is accused of domestic violence as a felony and violates a protection order, they are facing a doubling of their penalty which could be a minimum of two years in prison. The defendant faces a minimum two-year prison sentence if they violate the protective order by committing domestic violence.
The impact of a protective order on Birmingham criminal case can be substantial, which is why it is important to have an accomplished attorney who will fight by your side during the legal process. Call today to see what options you may have going forward.
In a misdemeanor domestic violence, if a person willfully violated a protective order and in doing so committed the act of domestic violence in the third degree, there would be a minimum mandatory 30-day jail sentence. If an individual violates a protective order for a domestic violence case, they could be facing additional penalties with minimum mandatory jail sentences. If a person violates a protective order while they are litigating their domestic violence case, the government can request that their bond is revoked. They could have to stay in jail while their case resolves which could be weeks, months, or possibly years.
The protective order impact on a Birmingham criminal case is damaging to someone attempting to get a reduction in penalties.
Violating a Protective Order
Violating a protective order is not helpful for trying to negotiate a favorable settlement. New criminal charges could be bought and it is something the court could consider if a sentencing is being taken place. Violation of a protection order in Alabama creates numerous problems for someone and carries significant consequences in their case.
Civil Protection Order Hurts Someone Charged With Domestic Violence
If someone is criminally charged with domestic violence in Alabama, many of the time there is a civil protection order issued simultaneously through a protection from abuse, divorce action, or family law action. If it is not handled correctly, the person could end up incriminating themselves and giving the government evidence to use against them by participating in the civil action prior to the resolution of the criminal case.
It is important for anybody accused of domestic violence in Alabama to seek legal counsel. An attorney can help evaluate and navigate the defendant’s situation because there are things that can happen within the context of protection from abuse or a civil protection order that could impact a person’s criminal case in Alabama.
Hiring an Attorney
It is crucial to honor any protective order put in place as well as hire a Birmingham lawyer. An experienced attorney who is used to dealing with protective orders can help counsel and explain what to do and not do after an order is put in place. There are many pitfalls that someone could fall into and can face significant consequences with a protective order in Alabama. The impact of a protective order on Birmingham criminal case is too serious to be taken lightly. Call today to schedule a consultation.