Facing an accusation of violating a restraining order in South Carolina is a serious matter that should not be taken lightly, as it carries far-reaching consequences. If law enforcement has probable cause that a protective order has been violated, you can be arrested. A violation is defined broadly. Given the potential penalties, including hefty fines, jail time, and a permanent criminal record, it’s in your best interest to contact a skilled Chesterfield Criminal Defense Lawyer. At The Cockrell Law Firm, P.C., we are prepared to help safeguard your rights and craft a strong defense.
What Are the Potential Penalties of Violating a Restraining Order in South Carolina?
Violating a restraining order in South Carolina is a serious offense that carries harsh penalties. The severity of the consequences imposed can vary significantly based on the order type and nature of the offense.
If you’ve been accused of violating a TRO, it can result in up to 30 days behind bars and/or a $500 fine. If you’ve been accused of violating a permanent restraining order or order of protection, you’re looking at up to 12 months in jail and/or a $1,500 fine. Finally, criminal domestic violence orders can be classified as a misdemeanor, which is punishable by up to three years of imprisonment and up to a $2,000.
Furthermore, violating a restraining order can negatively impact child custody rights. Violations can result in the court restricting or revoking visitation, modifying existing orders, and may even result in the loss of parental rights.
How Can You Defend Against a Violation Allegation?
It’s crucial to understand that being accused is not the same as being guilty. There are several common defenses available when responding to an alleged restraining order violation. These may involve contending that you were unaware of the order’s existence or its precise conditions, or asserting that the accusations made against you are untrue or exaggerated.
Other potential defenses center on the type of contact, demonstrating that it was purely accidental or unintentional, rather than deliberate. It might also be argued that the evidence is inadequate to establish that a violation occurred or that the terms of the order were misunderstood.
Should I Speak to a Chesterfield Criminal Defense Lawyer?
An experienced Chesterfield criminal defense lawyer at The Cockrell Law Firm, P.C., can offer vital support by scrutinizing the restraining order and accusations, identifying viable defenses, and advocating for your interests. Our legal team will strive for the reduction or dismissal of charges to safeguard your rights.
Professional legal counsel is particularly necessary when criminal offenses have been lodged, you risk substantial time behind bars, the matter touches upon family law matters, or factual disagreements exist about what truly happened.