Process of Protective Orders | Implications on a Pending Criminal Case
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Process of Protective Orders

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Protective orders are issued during the pendency of a case, either by a judge or when one party petitions the court for one. These orders can last as long as the judge wants them to or for the duration of the case, and they typically prevent a person from having contact with the protected party, disclosing certain information, or engaging in certain conduct during a case. To improve your understanding of the process of protective orders, it is best to consult a local lawyer from Berry Law Firm.

Under What Circumstances Can a Protective Order be Vacated or Modified?

A protective order can be vacated or modified when a judge receives new information or when certain conditions are satisfied. For example, the court may only restrict contact until an anger management course is completed. Sometimes, the completion of that course will allow the parties to resume contact.

Other reasons may include times when the parties agreed to vacate or modify the order and ask the judge to validate that agreement. It’s important to speak to an experienced attorney because an agreement can be made between the parties to allow for certain things to take place before contact is allowed, that can greatly benefit the person who’s facing charges.

The protected party can go back to court sometime before the initial year expires and ask for it to be extended for another year. Otherwise, it stays in place during the pendency of the case or until the judge changes it.

Impact on a Criminal Case

If the judge’s explicit order is violated, they can revoke a person’s bond during their criminal case and impose jail time. An attorney from Berry Law can offer more insight into how violating a protective order or no-contact order during a criminal case can have negative consequences.

A civil domestic violence protection order could lead to new charges being filed, and subsequent violations of that order can be charged as felonies. Other types of protective orders such as no-contact orders during a criminal case can land a person back in jail or greatly reduce their ability to have contact with loved ones during a criminal proceeding.

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