Skilled Defense for Restraining Order Violation Charges
Domestic violence cases typically come up in one of two ways: an arrest at the scene of an apparent domestic assault, or an arrest warrant issued on a charge of violating a restraining order. In the latter case, an actual assault or battery might never have taken place, but a phone call or e-mail in violation of the terms of a no-contact order could expose you to criminal consequences. Contact a lawyer at Oliveros & O'Brien in Clackamas to learn how we can help you resolve restraining order charges.
Call 503-342-2334 for Advice About Restraining Orders
The easiest way to avoid restraining order charges is to get rid of the order as quickly as possible. Most orders for protection are issued by a judge after hearing only from the complaining witness or alleged victim. The person to be restrained from further contact is then served with a copy of the order and risks criminal prosecution for violating any of its terms, which usually include an order to move out of a house or apartment shared with the person protected.
If you've been served with a restraining order, you have the right to a hearing within 15 days to show that it should never have been issued or to get the terms modified. It's usually a good idea to schedule and appear at this hearing with legal counsel to get out from under the burdens of the restraining order.
As long as it remains in effect, you could face arrest and prosecution for any of the following:
- Visiting the victim's home or workplace
- Telephone calls
- E-mails
- Stalking behavior
- Threatening statements
- Harassment
- Any other conduct specifically prohibited by the restraining order
At Oliveros & O'Brien, our objective is to find the legal solution that makes best sense for your specific situation, whether you're involved in a separation, divorce or troubled relationship. We can try to find ways to steer your case away from prosecution. We'll also consider how the arrest or a potential domestic violence conviction or guilty plea could affect your career, professional license or other important considerations in your life. Our strategy for your defense will reflect the demands of your particular situation.
To learn more about our approach to client service in restraining order cases both in criminal defense and in family law, contact an attorney at Oliveros & O'Brien for dependable advice in Greater Portland.
