Protective Order Defense Attorney - Criminal Lawyer Utah
Protective order violations are taken seriously by Utah prosecutors and
judges. A criminal charge for violating a protective order can be filed
as either a misdemeanor or a felony. A conviction can result in lengthy
jail or prison terms and thousands of dollars in fines.
If you are facing criminal charges for violating a protective
order, an
experienced Utah
criminal defense lawyer can
ensure that your rights are protected. Stephen Howard has defended
clients facing both
misdemeanor
and
felony
protective order violation charges, as well as many other
domestic violence
related charges. His
track record includes
dismissals, not guilty verdicts, and appellate reversals in some of the
most serious criminal charges in Utah. Based in Salt Lake City, Mr.
Howard offers legal services to clients throughout the state.
Contact us to schedule an
initial consultation and case analysis.
Criminal Charges for Violating a Protective Order in Utah
A protective order in Utah is a civil order that typically prohibits
one person (the "respondent") from contacting or communicating with
another person (the "petitioner") or coming to the petitioner's home,
workplace, school, or other specified locations. While the protective
order itself is a civil order, a violation of a protective order can
result in serious criminal charges.
Criminal charges for violating a protective order can be filed even if
the petitioner initiated the contact or invited the respondent to
commit the act that violates the protective order. Even if the
petitioner decides that he or she no longer wants the protective order,
the protective order will remain in effect until a court vacates or
dismisses the protective order. Only a judge can lift the protective
order. And until the judge formally does that, a respondent
can face criminal charges for failing to follow the terms of the
protective order. Any violation, even a harmless or minor violation,
can result in criminal charges being filed.
What are the consequences for violating a protective order in
Utah?
In
Utah, a first violation of a protective order is normally charged as a
class A
misdemeanor
(punishable by up to 365 days jail). But
the
charge can be enhanced for priors, resulting in a third-degree
felony
(punishable by 0-5 years prison). A judge does not have to impose the
maximum
penalty for a
conviction. And if a prosecutor is convinced that the
circumstances are appropriate, a resolution may be reached that results
in a dismissal through a
plea in abeyance,
a reduced offense level, a
probation
recommendation, or other possible
negotiated
resolutions.
What should I do if I am contacted by police?
Sometimes people think that if they are contacted by police,
they
can explain their way out of the
charge. Such attempts often backfire and end up providing police
with information that will be used to prosecute the case. Most of
the
common
excuses people present for violating a protective order can end up
becoming a confession to the crime itself. If you are contacted
by police regarding allegations you have violated a protective order,
you would be well advised to assert your
Fifth Amendment
right to remain silent and request an opportunity to consult
with a criminal defense attorney before speaking with police.
Finding a Criminal Defense Attorney in Salt Lake City, Utah
A Utah violation of a protective order is a serious charge. But having
an experienced
Utah
criminal defense attorney on your side can give you the best
chance at achieving
positive
results in
your case.
Based in
Salt
Lake City, criminal defense lawyer Stephen Howard offers
legal services to clients throughout all of Utah.
Contact us today to
schedule an initial consultation and case analysis now.