What does a Prosecutor Have to Prove to Show that a
Violation on a Restraining Order took place?
They have to prove the case beyond a reasonable doubt; which
leads to a moral certainty. They must show (1) a Restraining Order was issued to
you by the court and it is valid; (2) that you received proper notice that the
Order was in effect and that you received proper notice of the conditions of
the Order; (3) that you violated a terms of the Order and (4) that the Order
was in effect at the time of the alleged violation.
What are Defenses to an Alleged Violation of Restraining
There are a variety of different defenses. Some common
examples are: You are not served properly with the Order; any contact did not
actually violate the terms of the Order; or if there was contact that violated
the terms that it was unintentional or an accident.
There is also a variety of technical violations that maybe
significantly mitigated based on your past history hopefully having no legal or
criminal difficulty and the extent of what the alleged violation is. It is
important to realize the consequences can be fairly significant if the court
determines that you violated the Restraining Order.