This charge is very common. Many times a person who is issued an order of protection has an agenda to attempt to get the respondent (defendant) into more trouble. All it takes to have this charge issued is a report to the police that the respondent has texted or called the protected person. The police will issue this charge based upon the statement of one person. No other evidence is necessary.
Protective Order Violation
We have represented clients charged with multiple subsequent charges of violation of order of protection. Our track record for these charges is very good. In many of these cases the alleged victim has precipitated the contact from the defendant. Obtaining records from the phone or data company to back this theory up is absolutely necessary. Once we obtain that information I speak with the prosecutor assigned the case. Dismissal of the charge is very common when that occurs.
A trial involving both violation of order of protection and a domestic battery stemmed from a boyfriend/girlfriend relationship where the girlfriend became angry with my client. She called the police and made claims that he had struck her. Subsequently she obtained an order of protection with the assistance of the State’s Attorney’s office. A short time later she claimed that he had attempted to call her. He had actually tried to call her, but only because she had repeatedly contacted him via cellular phone. We obtained the records proving she had initiated contact. We also were able to obtain an affidavit of nonprosecution from her after her anger had subsided. The jury found my client not guilty.
What Are You Waiting For?
If you need skilled legal help with a misdemeanor or felony DUI from a veteran team of trial attorneys, contact us by e-mail or call us at 618-505-4213 (877-632-3089 toll-free). A free initial consultation is available when and where you need it.
Brian Polinske is the contributing author to this content.