A protective order violation hearing is a hearing in which the evidence will be presented to determine whether or not the defendant violated the terms of the protective order. Violation hearings will take place in the courtroom of the jurisdiction where the protective order was issued.
Both parties should be present at violation hearings. The judge who issued the protective order and who will be deciding whether or not it has been violated will be at the hearing. If both parties are represented, then the attorneys will be there. Usually, the petitioner is represented by the Commonwealth’s attorney who is the prosecutor of the case.
Read below to learn more about protective order violation hearings in Mecklenburg County.
Any documentary evidence is crucial during a protective order violation hearing in Mecklenburg County. Sometimes, the allegations include that someone called or texted the petitioner, the respondent has their phone records that can demonstrate that that is untrue, and such evidence is crucial. Any evidence as to alibi, such as evidence as to what location the respondent might have been at the time of the alleged violation, is also important evidence to be able to present during a violation hearing.
Any witnesses that have information or facts relevant to the prosecution of the violation hearing or relevant to the defense of the protective order violation hearing are allowed to testify and present evidence in court.
The beyond a reasonable doubt standard is the standard used in all criminal cases, including protective order cases. This means that before someone can be found guilty, the prosecution must have proven their case beyond all reasonable doubt. That standard is the highest standard in law before deciding a case against someone, and that applies in a protective order violation hearing because it is a criminal hearing.
Protective order violations require some amount of jail time to be imposed. It could be as little as one day in jail, but there will be some level of incarceration. The maximum amount of jail time to be imposed is 12 months for misdemeanor violations. Anywhere from one day to 12 months in jail can be sentenced. Additionally, there could be fines, the renewal of the protective order for an extended period of time, and other restrictions imposed on the defendant, including possible supervision. For more information about the penalties a defendant could face and how an attorney could help, reach out to an experienced defense lawyer.
The most effective way to avoid jail time is for the defense attorney to be able to get the violation of the protective order charge dismissed so that the person is not found guilty of violating the protective order. In addition, they might be able to negotiate an alternative resolution with the prosecutor to help avoid jail time, and if possible, they can persuade the court to take alternative measures after hearing the evidence.
If you are facing allegations of violating a protective order, consult with a dedicated lawyer who is experienced with protective order violation hearings in Mecklenburg County.
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