Alabama Criminal Defense Lawyer

Restraining Order Violations

Restraining orders are legal documents that state a person is to stay away from the person who filed to get the order. You may have a restraining order because of an enraged spouses, boyfriend, or girlfriend and some of them can be very complicated to adhere to in this age of having very little personal space.

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Penalties for Violating Restraining Orders

Violating a restraining order is considered by the state of Alabama to be a Class A misdemeanor. Individuals who are found to have violated a restraining order for the first time, can expect to pay a monetary fine of $2,000. The individual may also have to serve up to a year in jail.

Individuals who are guilty of violating a restraining order a second time will face greater penalties. Any person who has a second restraining order violation will spend a month in jail. If an individual violates the order for a third time, they will spend 120 days in prison.

Along with the prison time, the violator will be required to pay for at least a third of the cost of their own incarceration for every day of their sentence. The judge presiding over the court case will be the one who determines the amount of money the individual will be required to pay.

Alabama Laws for Restraining Orders

A person may be granted a restraining order against another individual as a part of the relief for the plaintiff during the preliminary, final, or post judgment of a civil action. A judge may grant you an issue as part of the ruling in your favor for one of the above mentioned trials.

An individual who is convicted of some type of domestic abuse or who is being charged with domestic abuse might have a restraining order placed on them as a part of their sentencing. The individual to whom the restraining order is for will be given a copy of the order. On the order it will clearly state what the terms of the order are, how close they are allowed to be to the individual, and the penalties that will occur if they violate the restraining order.

Legal Defense for Restraining Order Violations

Having legal representation is a must if you are being charged with a restraining order violation. Defense lawyers can also go over evidence and make sure all the details are accurate during your trial. A defense lawyer can help put together a case that will help you to avoid receiving a sentence you can’t live with. Defense lawyers might be able to make a plea bargain deal that will entail participation in counseling in exchange for having the charges you face reduced. This can help you avoid spending time in prison for violating a restraining order.